RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04648

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

Her “4C”- Discharge Failed Medical/Physical Procurement Standards re-entry code be changed to any Level one (1) re-entry code.

APPLICANT CONTENDS THAT:

She was diagnosed with Eczema as a baby and the Chief Medical Officer (CMO) at the Military Entrance Processing Station (MEPS) believes either she was misdiagnosed, or she diagnosed herself as an adult.  She has documents from her primary care manager and a dermatologist who state she does not have eczema. 

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

On 17 Nov 15, the applicant enlisted in the Regular Air Force.

According to DoDI 6130.03, Medical Standards for Appointment, Enlistment, or Induction in the Military Services, a history of atopic dermatitis or eczema after the 12th birthday is disqualifying for military accession. 

According to DD Form 2807-1, Report of Medical History, dated 11 Jun15, the applicant indicated that she had eczema and that her last flare-up was  more than two years ago.

SF 600, Chronological Record of Medical Care, dated 24 Nov 15, indicated the applicant was diagnosed with eczema (EPTE), which was disqualifying under the provisions of DoDI 6130.03.  The applicant sought an enlistment waiver for this known disqualifying condition, and on 1 Dec 15, the waiver was denied.

On 2 Dec 15, the applicant’s commander notified her he was recommending she be discharged from the Air Force under the provisions of AFPD 36-32, Military Retirements and Separations and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.14, with an “Entry Level Separation,” and that her eligibility to reenlist remains with MEPS.  The specific reason for this action was her diagnosis of eczema, which existed prior to service and had the Air Force known of this condition prior to her enlistment he would not have been allowed entry into the military.

On 8 December 2015, the applicant acknowledged receipt of the discharge notification and submitted a personal statement, and numerous letters of support in her behalf.

On 16 Dec 15, the discharge authority approved the applicant’s entry-level discharge.  
On 17 Dec 15, the applicant received an entry-level separation, with an uncharacterized character, and a 4C reentry code.  She was credited with 1 month and 1 day of total active service. 

See the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the application.  In accordance with AFI 36-2606, Reenlistment in the United States Air Force, the applicant cannot receive a “1” series reentry code because she did not have sufficient service time.  The applicant received an entry-level separation with an uncharacterized character of service after serving 1 month and 1 day of active service.  Therefore, a reentry code 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service) is required; however, the reentry code 4C was erroneously recorded on her DD Form 214, Certificate of Release or Discharge from Active Duty.  Unless otherwise directed by the Board, the applicant’s reentry code will be administratively corrected from 4C to 2C.  If she is medically cleared by competent military medical authority, the 2C reentry code should be waived by recruiting service to allow her reentry into military service.  If the decision is to grant relief, AFPC/DP2SSM recommends the Board direct applicant’s RE code be changed to 3K--(Reserved for use by HQ AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate).

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Her local recruiter advised her that “2” series reentry codes waivers were not currently being accepted.  AFPC/DP2SSM stated that if a competent authority medically cleared her, she should be waived by the recruiting service.  She was cleared by the MEPS CMO; therefore, her reenlistment code should be changed to a “1.”  The applicant’s complete response, with attachments, at Exhibit E.

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 reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an error and an injustice regarding part, but not all, of her request.  The error noted in the advisory could be corrected administratively, as AFPC/DP2SSM notes.  However, considering all the facts of the case, the Board believes the better course of action is to accept the secondary recommendation of AFPC/DP2SSM and change the RE code to 3K.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that her 17 December 2017 DD Form 214, Certificate of Release or Discharge from Active Duty, reflects “3K” in Block 27, Reentry Code.

However, regarding the remainder of the applicant’s request, the Board recommends the applicant be informed the evidence did not demonstrate material error or injustice and the application could 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 Docket Number BC-2016-04648 in Executive Session on 5 April 2018:

, Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, w/atchs, dated 17 Nov 17.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP2SSM, dated 19 Sept 17.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 3 Oct 17.
Exhibit E:  Applicant’s response, w/atchs, undated.

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