RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02296 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His reentry code (RE) 4C (concealment of juvenile records, minority, failure to meet physical standards for enlistment, failure to attain a 9.0 reading level as measured by the Air Force Reading Abilities Test, or void entry level separation without character of service) be changed to allow him to reenter the Armed Services. ________________________________________________________________ APPLICANT CONTENDS THAT: When he entered basic training he had no behavior or medical problems. While in Basic Military Training he failed the sit-up portion of his Fitness Assessment by 6 sit-ups. He entered the Get Fit program and while exercising he had a popping sensation in his lower back. He was later told he had three birth defects: fused vertebrae, a misaligned vertebrae and a rudimentary disk. He was also told the conditions were disqualifying and that he would not improve. After he was discharged, he went to his family doctor who also took x-rays of his back. He was told he did not have any abnormalities in his back. He completed physical therapy and his back pain has gone away. He respectfully requests this reentry code be changed to enable him to reenter the Armed Forces. He was given the wrong information and the resulting decision was also wrong. In support of his appeal, the applicant provides a personal statement, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty and medical documentation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 18 November 2010. On 1 March 2011, he was notified of his commander’s intent to discharge him from the Air Force for Erroneous Enlistment; specifically, he did not meet the minimum medical standards to enlist. On 1 March 2011, the applicant acknowledged his commander’s intent to discharge him. He also acknowledged his right to counsel and to submit matters in his behalf: he declined both rights. On 3 March 2011, the applicant was discharged under the provisions of AFPD 36-32 Military Separations and Retirements for Erroneous Enlistment. His type of separation was entry level and his service was uncharacterized. He received a reentry code of 4C. He was credited with serving 3 months and 19 days on active duty. ________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends approval. SGPS states the separation was done in accordance with established policy and administrative procedures. Based on the medical report and prognosis, they support the RE code change to allow him to reenter military service. The complete SGPS evaluation is at Exhibit C. AFPC/DPSOA recommends denial. DPSOA states that although the applicant has a RE code of “4C,” he should have been assigned the code “2C” (involuntarily separated with an honorable discharge; or entry level separation without character of service) per AFI 36-2606, Reenlistments in the USAF, based on his entry level separation and uncharacterized service. DPSOA also states that while the AETC/SG does not have the authority or an input as to the proper RE code, they are qualified to recommend the applicant be given an opportunity to be medically screened for reentry based on his current medical status; DPSOA supports their recommendation. However, a waiverable RE code, which would identify prior circumstances for screening, would be more appropriate than circumventing the screening and waiver process. Unless the Board states otherwise, the applicant will be provided a corrected DD Form 214 to reflect his RE code as 2C. The complete DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 26 August 2011, for review and comment within 30 days (Exhibit E). As of this date, this office has received no response. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting corrective action. In this respect, DPSOA has opined that the applicant’s current RE code of 4C is incorrect and the correct RE code is 2C. However, a recent medical evaluation submitted by the applicant indicates he does not present the symptoms for which he was discharged. AETC/SG has also reviewed this recent medical documentation and supports a change of the applicant’s RE code that would allow his reentry into military service. We agree with the AETC/SG assessment and believe that that the circumstances of the case merit changing the current RE code to a waiverable code. Whether or not the applicant is successful in reentering military service will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of service. Therefore, we recommend that his records be corrected to the extent indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of his discharge on 4 March 2011, he was issued a reentry code of 3K. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2011-02296 in Executive Session on 1 November 2011 under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Jun 11. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 25 Jul 11. Exhibit D. Letter, AFPC/DPSOA, dated 1 Sep 11. Exhibit E. Letter, SAF/MRBR, dated 9 Sep 11.