RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02366 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His reentry (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 that would allow him to reenlist. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was unable to complete basic training due to a previously unknown pre-existing condition. He has since had corrective surgery and he is back to full health. In support of the applicant’s appeal, he provides a letter from the Guthrie Clinic. The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 10 July 2012. The applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208. The specific reason was a medical narrative summary dated 28 August 2012 that found the applicant did not meet minimum medical standards to enlist. He should not have been allowed to join the Air Force because he had symptomatic L varicocele. He was advised of his rights in this matter and elected not to consult with counsel and elected not to submit a statement on his own behalf. The discharge authority concurred with the recommendation and directed an entry level separation. The applicant was discharged on 30 August 2012. He served 1 month and 21 days on active duty. ________________________________________________________________ _ AIR FORCE EVALUATION: AETC/SGPS recommends approval. SGPS states the defect was apparently missed by the CMO and/or not disclosed by the individual at the time of examination. Once discovered due to increased pain, it was found to be disqualifying and he was processed for an entry level separation. Based on the documentation on file in the applicant’s records, the separation was done in accordance with established policy and administrative procedures. After separation the defect was surgically corrected and he was returned to full unrestricted activities. The SGPS complete evaluation is at Exhibit C. AFPC/DPSOA recommends denial. DPSOA states the applicant received an erroneous RE code on his DD Form 214 of 4C. His correct RE code is 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) as required by AFI 36-2606, Reenlistments in the USAF, based on his entry level separation without characterization of service. The RE code 2C applies to all entry level separations without characterizations of service. The applicant does not provide any evidence of an error or injustice in reference to his RE code. A waiver of the RE code 2C from recruiting services based on the medical community’s recommendation of meeting medical requirements would be more appropriate than to change his RE code, as a waiver of the RE code would identify prior circumstances for screening instead of circumventing aspects of his prior service. AFPC/DPSOY will provide the applicant a corrected copy of his DD Form 214 with an RE code of 2C, unless otherwise directed by the board. The DPSOA complete evaluation is at Exhibit D. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 24 July 2013, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days (Exhibit E). 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting a change to the applicant’s RE code. DPSOA has confirmed that the “4C” RE code currently listed on the applicant’s DD Form 214 is erroneous and that it will administratively correct the applicant’s DD Form 214 to reflect “2C.” However, it is noted that SGPS states the applicant has had the disqualifying condition medically corrected and, therefore recommends changing the RE code. Although the applicant requests a code that reflects he was recommended for reenlistment, considering that his separation for a disqualifying condition was properly executed, it would not be appropriate to grant his request. The Board believes that the applicant should be afforded the opportunity to apply for a waiver to enlist in the armed services. As such, rather than administratively correcting the applicant’s RE code to reflect “2C,” we believe that “3K,” – Secretarial Authority, would be more appropriate in this instance. Although the “3K” RE code does not make the applicant immediately eligible for reenlistment, it can be waived by the military services. Whether or not the applicant is successful in his effort to reenlist will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to the Air Force or any other branch of the service. Accordingly, we recommend his records be corrected to the extent indicated below. ________________________________________________________________ _ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that he was discharged on 30 August 2012 with a reentry code of “3K” (Secretarial Authority). ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2013-02366 in Executive Session on 27 February 2014, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 April 2013, w/atch. Exhibit B. Applicant’s Available Master Personnel Records. Exhibit C. Letter, AETC/SGPS, dated 10 June 2013. Exhibit D. Letter, AFPC/DPSOA, dated 2 July 2013. Exhibit E. Letter, SAF/MRBR, dated 24 July 2013. 1