RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03497 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His entry-level separation with uncharacterized service be upgraded to an honorable discharge. 2. His reenlistment (RE) code 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) be changed to a code in the 1-series to allow immediate reenlistment. 3. His narrative reason for separation be changed. _________________________________________________________________ APPLICANT CONTENDS THAT: His discharge for failed medical/procurement standards was unjust. His civilian physician examined his ankle and found no injury to the talus. In support of his appeal, the applicant provides an expanded statement and copies of excerpts from his military personnel/medical records, and a letter from his physician related to the matter under review. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 19 Oct 10, the applicant contracted his enlistment in the Regular Air Force. On 19 Jan 11, the applicant’s commander notified him that he was recommending his discharge from the Air Force for Erroneous Enlistment. The specific reason for the discharge action was the medical narrative summary, dated 14 Jan 11, which reflected the applicant did not meet the minimum medical standards to enlist. The applicant should not have been allowed to enlist due his having an osteochondral defect (left ankle). The applicant acknowledged receipt of the notification, waived his right to consult with legal counsel or to submit a statement in his own behalf, and acknowledged he would not be entitled to severance pay or disability retirement. The discharge authority directed the applicant be furnished an entry-level separation with uncharacterized service. On 23 Jan 11, he was furnished an entry-level separation with uncharacterized service for failed medical/procurement standards and issued an RE code of 4C. He was credited with three months and three days of active service. _________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends changing the applicant’s RE code. Even though the applicant’s separation was carried out in accordance with established policy and administrative procedures, the applicant may meet current enlistment standards and SGPS supports changing the RE code. The complete AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOA notes the applicant received an erroneous RE code of 4C. The correct RE code is 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service). Although SGPS recommended changing the RE code, the RE code is not driven by a medical condition, it is required based on the involuntary entry-level separation with uncharacterized service. The medical community does not have the authority or any valid input as to the correctness of the current RE code. The medical community is qualified to recommend the applicant be given an opportunity to be medically screened for military service based on his current medical status (if otherwise eligible). However, a waiver of prior circumstances would be more appropriate than circumventing the screening and waiver process. The applicant’s DD Form 214 will be administratively corrected to reflect the correct RE code of 2C unless otherwise directed by the Board. The complete AFPC/DPSOA evaluation is at Exhibit D. AFPC/DPSOS recommends denial. Airmen are given an entry-level separation with uncharacterized service when separation is initiated with the first 180 days of continuous active service. It was determined by the Department of Defense (DOD) that 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. In addition, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. The applicant has not submitted any evidence or identified any errors or injustices that occurred in the discharge processing. He has provided no facts to warrant a change to his discharge. The complete AFPC/DPSOS evaluation is at Exhibit E. _________________________________________________________________ APPLICANT REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 29 Feb 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice to warrant changing the applicant’s uncharacterized entry-level separation, narrative reason for separation, and RE code. While we note the AETC/SGPS recommendation to grant changing the RE code because the applicant may meet current medical accession standards, we agree with the opinions and the recommendations of AFPC/DPSOS and AFPC/DPSOA and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. In this respect, we note the comments from AFPC/DPSOA indicating that it would be more appropriate for the applicant to pursue an enlistment waiver for an opportunity to be medically screened for accession (provided he was otherwise qualified), rather than circumventing this process by changing the record as requested. We also note the RE code the applicant received at separation was technically incorrect and his records will be administratively corrected to reflect the RE code 2C, which accurately reflects he received an entry-level separation with uncharacterized service. Therefore, in view of the above, we find no basis to recommend any corrections to his record beyond that which will be administratively resolved. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03497 in Executive Session on 18 Sep 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-03497 was considered: Exhibit A. DD Form 149, dated 6 Sep 11, w/atchs. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 19 Oct 11. Exhibit D. Letter, AFPC/DPSOA, dated 2 Dec 11. Exhibit E. Letter, AFPC/DPSOS, dated 5 Jan 12. Exhibit F. Letter, SAF/MRBR, dated 29 Feb 12.