RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04878 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 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) and his narrative reason for separation be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: The Military Entrance Processing Station (MEPS) was notified of his kidney stones and cleared him to enter military service. His recruiter told him he did not need a waiver for his medical condition for enlistment into military service. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, and documents extracted from his military personnel records related to this matter. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 19 Jun 12, the applicant commenced his enlistment in the Regular Air Force. Standard Form (SF) 600, Chronological Record of Medical Care, dated 15 Aug 12, indicates the applicant had a history of symptomatic urolitiosis (kidney stones) and the condition existed prior to service. The applicant requested a waiver for enlistment for his disqualifying condition; however, the waiver request was denied with a recommendation to reapply for enlistment once the condition was resolved. On 14 Sep 12, 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 29 Aug 12, which reflected the applicant did not meet the minimum medical standards to enlist. The applicant should not have been allowed to enlist due a history of kidney stones. On 17 Sep 12, the applicant acknowledged receipt of the notification and after consulting with legal counsel invoked his right to submit a statement in his own behalf. On 19 Sep 12, the discharge authority directed the applicant be furnished an entry-level separation with uncharacterized service. On 20 Sep 12, 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 two days of total active service. ________________________________________________________________ AIR FORCE EVALUATION: AETC/SGPS recommends denial indicating there is no evidence of an error or an injustice. The applicant’s separation was carried out in accordance with established policy and administrative procedures. A history of passing a single kidney stone is not disqualifying for military service; however, it is the recurrent stone history that is disqualifying and was the basis for denial of the applicant’s enlistment waiver. A complete copy of the AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOR recommends denial indicating there is no evidence of an error or injustice. The applicant should not have been allowed to enlist in the Air Force due to his history of kidney stones. Had the Air Force been aware of his condition at the time of enlistment, he would not have been allowed to enter military service. Although the applicant contends he was cleared to enter military service and his recruiter told him he did not need a waiver for enlistment, the fact is his medical condition did not meet assessment standards. The documentation in the applicant’s master personnel records indicates the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant has not provided any evidence or identified any errors or injustices that occurred in the discharge processing to warrant to a change of the narrative for separation. 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 it would be unfair to the member or the service to characterize a member’s limited service when separation is initiated within the first 180 days of active service. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 1 Mar 13, for review and comment within 30 days. As of this date, no response has been received by this office. ________________________________________________________________ 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 injustice. After careful consideration of the circumstances of this case and the evidence provided by the applicant, we are not persuaded the discharge action and the resulting reenlistment code he received were in error or unjust. The applicant contends he was cleared by at the military entrance processing center (MEPS) to enter military service with his preexisting kidney stone and was told by his recruiter that he would not need a waiver for said condition. However, shortly after completing basic military training, the applicant began experiencing pain in his upper quadrant and subsequently passed two kidney stones. He requested a waiver to remain on active duty, but the waiver was denied based on his recurrent history of kidney stones. It was determined the applicant’s condition did not meet the minimum medical standard for enlistment. As noted by the _AETC/SGPS, the passing of a single stone is not disqualifying for enlistment; however, the applicant’s recurrent history of kidney stones is disqualifying for continued military 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2012-04878 in Executive Session on 9 Jul 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 11 Dec 12. Exhibit D. Letter, AFPC/DPSOR, dated 25 Feb 13. Exhibit E. Letter, SAF/MRBR, dated 1 Mar 13.