RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01735 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His uncharacterized entry-level separation be changed to an honorable discharge. 2. His reentry code of “4C” which denotes “Separated for concealment of juvenile records, minority, failure to meet physical standards for enlistment, failure to attain 9.0 reading grade level as measured by the Air Force Reading Abilities Test, or void enlistments” be changed to codes appropriate for an honorable discharge. 3. His separation program designator (SPD) of “JFW”, which denotes “Failed Medical/Physical Procurement Standard”, be changed. _________________________________________________________________ APPLICANT CONTENDS THAT: His discharge under the circumstances was erroneous because there was nothing more than one medical incident. This caused two medical providers to call into question his ability to complete basic training and caused his leadership to agree with their assessment. On 6 March 2005, he was discharged for Erroneous Enlistment after two medical providers determined he had passed out following a fitness test due to recurrent syncope, or fainting. The medical providers indicated on his SF 600, Chronological Record of Medical Care that his condition existed prior to his enlistment. No episodes of syncope were noted during his entrance physical administered by the Nashville Military Entrance Processing Station (MEPS). In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; AF IMT 100, Request and Authorization for Separation; his administrative discharge package, extracts of his medical records, and completion of training certificates. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 15 February 2005, the applicant entered active duty in the Regular Air Force. On 2 March 2005, the applicant was notified by his commander that he was recommending his discharge from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen, Defective Enlistments – Basis for Erroneous Enlistment. The applicant was diagnosed as having syncope (recurrent). The applicant acknowledged receipt of the notification of discharge and waived his right to consult with legal counsel and to submit statements in his own behalf. The base legal office determined the case file was legally sufficient to support the separation. The discharge authority approved the discharge and directed the applicant be discharged with an uncharacterized entry-level separation under Erroneous Enlistment. On 8 March 2005, the applicant received an uncharacterized entry- level separation, because of failed medical/physical procurement standards and was issued an RE code of 4C. He served 24 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends denial. SGPS states the separation was done in accordance with established policy and administrative procedures. Around 1 March 2005, the applicant was admitted and diagnosed with recurrent syncope. It was noted in his medical file the condition existed prior to entering the service and was not disclosed to the MEPS. The complete SGPS evaluation is at Exhibit C AFPC/DPSOS recommends denial. DPSOS states based on the documentation in the applicant’s records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. He did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and he did not provide any facts warranting a change to his uncharacterized service. The applicant’s discharge is considered “Entry-Level” and his character of service is correct and in accordance with DoD and Air Force instructions. The complete DPSOS evaluation is at Exhibit D. AFPC/DPSOA states the applicant’s RE code “4C” is erroneous and will be administratively corrected with an RE code of “2C” which denotes “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service.” The complete DPSOA evaluation is at Exhibit F. _________________________________________________________________ APPLICANT’S REVIEW OF THE AIR FORCE EVALUATIONS: The applicant states he has never had a fainting spell before or since the incident while in basic training. To prove his request, he has provided his medical records dating back to 2001. The uncharacterized discharge has rendered him ineligible for certain jobs he has applied for. The type of discharge he received is affecting him furthering his career. If his discharge is not upgraded, he would like documentation explaining that an entry- level discharge is not a dishonorable discharge from the Air Force. The applicant’s complete response, with attachments, is at Exhibit H. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice that would warrant a change to the applicant’s discharge and RE code. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We note that AFPC/DPSOA indicates the appropriate RE code that should have been assigned at the time of the applicant’s separation is “2C” based on his entry level separation with an uncharacterized character of service; and, that they will administratively correct his record to reflect the correct RE code. In regards to the applicant’s concern about the stigma of uncharacterized service, we note the entry level separation should not be regarded as negative or dishonorable because airmen are given an entry level separation with uncharacterized service when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined if a member served less than 180 days of continuous active service, it would be unfair to the member and the service to characterize their limited service. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01735 in Executive Session on 9 March 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 May 10, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 26 May 10. Exhibit D. Letter, AFPC/DPSOS, dated 9 Nov 10. Exhibit E. Letter, SAF/MRBR, dated 14 Jan 11. Exhibit F. Letter, AFPC/DPSOA, dated 1 Feb 11. Exhibit G. Letter, AFBCMR, dated 2 Feb 11. Exhibit H. Applicant’s Response, undated, w/atchs. Panel Chair