RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-00274

	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, reentry code (RE) of 4C be changed to 1M, 1P, 1Q or 3B. 

APPLICANT CONTENDS THAT:

He was separated for asthma, but has not had asthma since he was 7 years old and was told by his recruiter that he would not need a waiver to enlist since his asthma occurred before the age of 12.  He was hit in the throat while playing basketball which caused his throat to swell and restrict his airway and it was not asthma related, but because he did not have a waiver, the doctor affiliated the incident with childhood asthma and he was separated.  He was told that he would be able to re-enlist with a waiver within a minimum of 6 months and a maximum of 2 years after discharge, however his current RE code prevents him from re-enlisting.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman basic. 

On 3 Sep 14, the applicant indicated he never had or now has asthma or any breathing problems on DD Form 2807-1, Report of Medical History, block 10.d. On 16 Dec 14, he entered onto active duty.

On 30 Jan 15, the applicant was notified of his commander’s intent to recommend he be discharged from the Air Force with an entry level separation for erroneous enlistment due to the fact that he received a medical narrative summary dated 6 Jan 15 that found he did not meet the minimum standards to enlist.  If approved, the applicant would be eligible to re-enlist into the Air Force with an approved waiver.

On 30 Jan 15, the applicant acknowledged receipt of the action and on 4 Feb 15 he submitted statements on his own behalf.

On 6 Feb 15, the discharge action was found legally sufficient and the discharge authority approved the recommendation.  

On 11 Mar 15, the applicant received an uncharacterized discharge with a Narrative Reason for Separation of “Discharge Failed Medical/Physical Procurement Standards” and RE code 4C.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and E.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the applicant’s request for the stated RE codes, but recommends correcting his RE code. The applicant received an erroneous RE code on his DD Form 214 of 4C--(Separated for concealment of juvenile records, minority, failure to meet physical standards for enlistment, failure to attain a 9.0 reading grade level as measured by the Air Force Reading Abilities Test, or void enlistments).  Per the applicant’s discharge package he was approved for an entry level separation.  In accordance with AFI 36-2606, Reenlistment in the USAF, chapter 5, the correct RE code is 2C--(Involuntarily separated with an honorable discharge; or entry level separation without characterization of service).  

Unless otherwise directed by the Board, the RE code will be administratively corrected to reflect “2C.”

If the applicant is medically cleared by a competent military medical authority, the RE code 2C should be waived by recruiting services to allow reentry instead of trying to change the correct RE code. Additionally, AFPC/DP2SSM defers to the Separations office (AFPC/DP2STM) for validation of his discharge processing.

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Dec 17 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2STM does not provide a recommendation for the RE code change, as this does not fall within their purview.  However, the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority.   The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 2 Apr 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP.  Therefore, the Board does not recommend correcting the applicant’s records beyond the administrative relief.

THE BOARD RECOMMENDS:  

The applicant be informed that the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered AFBCMR Docket Number BC-2016-00274 in Executive Session on 30 May 18:

All members voted to not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 Jan 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 16 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Dec 17.
Exhibit E:	Advisory opinion, AFPC/DP2STM, dated 9 Jan 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.