RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04043 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code 2C (involuntarily separated with an honorable discharge; or entry level separation without characterization of service) and his separation (SPD) code JFC (erroneous enlistment) be changed to allow him to enter the Air Force Reserve. ________________________________________________________________ APPLICANT CONTENDS THAT: He did not enter the Air Force erroneously. He was informed at the Military Entry Processing Station (MEPS) that he had a mild case of scoliosis and that it was not disqualifying. He does not believe the back pain for which he was discharged was caused by scoliosis. He believes the pain was caused by a fall he sustained during training. That injury has long since healed. In support of his appeal, the applicant provides his DD Form 214, Certificate of Release or Discharge from Active Duty, a statement from a physician and copies of his medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 18 March 2008. On 21 October 2008, he was notified of his commander’s intent to discharge him from the Air Force for erroneous enlistment. Specifically, the applicant was diagnosed with back pain and scoliosis, a disqualifying condition that existed prior to his service. He acknowledged his commanders intent to discharge him. He also acknowledged his right to consult counsel and submit matters on his own behalf: he declined both. On 27 October 2008, the staff judge advocate found the discharge legally sufficient. The commander approved the applicant’s separation and directed he be discharged upon being medically cleared. The applicant was honorably separated for erroneous enlistment on 5 November 2008. His SPD code was listed as JFC and his RE Code was listed as 2C. He was credited with 7 months and 18 days of active duty service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. Airmen are subject to discharge for erroneous enlistment if the enlistment would not have occurred when the relevant facts are known by the Air Force and the eligibility criteria of AFI 36-2002, Regular Air Force and Specialty Accessions, had been followed, it was not the result of fraudulent enlistment on the part of the member and the defect is unchanged by any material respect. The applicant’s medical records indicate he experienced symptoms of scoliosis and back pain prior to entering the Air Force. The treating physician’s assistant and the staff physician concurred the condition existed prior to his enlistment. The applicant should not have been allowed to enter the service. Had the Air Force known of his condition at the time of his enlistment, he would not have been allowed entry. The discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. The complete DPSOS evaluation is at Exhibit C. AFPC/DPSOA recommends denial. The applicant’s RE Code 2C is required per AFI 36-2606, Reenlistments in the USAF, based on his involuntary discharge with an honorable character of service. The applicant does not provide proof of an error or injustice in reference to his RE code. The complete DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded to the Air Force advisory stating that he did not have back pain prior to entering the Air Force. He reiterates he did not experience back pain until after he fell while performing Security Forces training in the field at Camp Bullis. Immediately after the fall, he notified his instructor of the pain. He is confident the pain he experienced prior to his discharge was not caused by a pre-existing condition. The applicant’s complete response is at 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 error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we are not persuaded by the evidence submitted in his appeal that a change in his records is warranted. Therefore, 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. 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-2011-04043 in Executive Session on 26 April 2012 under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Oct 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 4 Jan 12. Exhibit D. Letter, AFPC/DPSOA, dated 26 Jan 12. Exhibit E. Letter, SAF/MRBR, dated 10 Feb 12. Exhibit F. Letter, Applicant’s Response, dated 23 Feb 12.