RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01015 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of 4C (Separated for concealment of juvenile records, minority, failure to meet physical standard for enlistment, failure to attain a 9.0 reading grade level as measured by the Air Force Reading Abilities Test, or void enlistments) be corrected. APPLICANT CONTENDS THAT: His RE code suggests fraudulent enlistment based on the medical diagnoses; however, he has never had a hernia. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 20 Aug 13. On 20 Sep 13, the applicant was notified by his commander of his intent to recommend his discharge under the provisions of AFPD 36-32 and AFI 36-3208, Administrative Separation of Airmen, Chapter 5, Section C, Defective Enlistments. The reason for the action was a medical narrative summary, dated 13 Sep 13, which indicated that the applicant did not meet the minimum medical standards to enlist and should not have been allowed to join the Air Force because he had testicular hydrocele and inguinal hernia. On 20 Sep 13, the applicant acknowledged receipt of the action and declined to consult with counsel or to submit statements in his own behalf. On 24 Sep 13, the case was found to be legally sufficient and on 24 Sep 13, the discharge authority concurred with the commander’s recommendation. On 26 Sep 13, the applicant was furnished an entry-level separation with uncharacterized service, with an RE code of 4C and was credited with one month and seven days of total active service. On 27 May 14, AFPC/DPSOA notified the applicant of their determination that his RE code of 4C, as reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty, was incorrect and that his RE code would be corrected to reflect 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service), based on his entry level separation with uncharacterized service (Exhibit B). AIR FORCE EVALUATION: AETC/SGPS recommends approval, indicating there is evidence of an error or injustice. The applicant was diagnosed with a hernia during Basic Military Training and was separated in Sep 13. On 4 Oct 13, the applicant had surgery to repair a right inguinal hernia and also had a left hydrocele which was corrected with a scrotal orchidopexy on 21 Nov 13. Since his separation, both of the disqualifying conditions have been corrected and the applicant could have been cleared by the Military Entrance Processing Station (MEPS) Chief Medical Officer. A complete copy of the AETC/SGPS evaluation is at Exhibit C. AFPC/DPSOR recommends denial, indicating that the applicant has not provided any proof of an error or injustice related to his SPD code. The medical authorities concluded that the applicant had a pre-existing condition that would have precluded him from joining the Air Force had this condition been made known at the time of his enlistment. Since this falls under the criteria in AFI 36-3208 under the category of Erroneous Enlistment, both the commander and the discharge authority initiated discharge procedures as per the instruction. Therefore, the SPD code and narrative reason for separation are correct as indicated on the DD Form 214, Certificate of Release or Discharge from Active Duty. A complete copy of the AFPC/DPSOR evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant feels the RE code of 2C, more accurately characterizes his discharge (Exhibit E). 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 injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe that corrective action is warranted. While we note the comments of AFPC/DPSOR indicating that relief should be denied because the applicant’s separation program designator (SPD) code and narrative reason were properly issued as a result of a pre-existing medical condition, we believe it would be an injustice for the applicant to be precluded from being considered for reenlistment. In this respect, we note that since the applicant’s separation, it appears that his disqualifying conditions have been corrected and if cleared by the MEPS he could re-enter military service. We note that AFPC/DPSOA has determined the applicant’s reentry (RE) code of 4C was issued erroneously and has corrected his records administratively to reflect that he was issued an RE code of 2C; however, in view of the fact that it appears as though the applicant’s disqualifying conditions have been resolved, we believe it would be appropriate to correct the applicant’s records to ensure that he is eligible to be considered for an enlistment waiver, provided he is otherwise qualified. Therefore, we recommend the applicant’s records be corrected to reflect that he was issued an RE code of 3K (Secretarial Authority), with corresponding narrative reason for separation and SPD code that would allow him to be eligible for an enlistment waiver. Whether or not the applicant is successful in obtaining a waiver to enlist will be based entirely on the needs of the service, provided he is otherwise qualified. Therefore, we recommend the applicant’s 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 RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 26 Sep 13, he was issued an Reenlistment Eligibility (RE) code of “3K” (Secretarial Authority), narrative reason for separation of “Secretarial Authority,” and a separation program designator (SPD) code of “KFF” in conjunction with his entry level separation with uncharacterized service. The following members of the Board considered AFBCMR Docket Number BC-2014-01015 in Executive Session on 11 Dec 14, 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 20 Feb 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AETC/SGPS, dated 19 Mar 14. Exhibit D. Memorandum, AFPC/DPSOR, dated 4 Apr 14. Exhibit E. Letter, Applicant, dated 30 Aug 14.