RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-01068

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The reentry code on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed.

APPLICANT CONTENDS THAT:

He was diagnosed with migraine headaches during Basic Military Training, which resulted in his discharge.  Debriefing officials told him he could reenter the Air Force with a doctor’s letter that cleared him for service.  Therefore, he would like his reentry code 4C changed to one that will allow him reentry into the military.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

According to DD Form 2807-1, Report of Medical History, dated 28 November 2001, the applicant selected “no” in response to question 15b, Have You Ever Had or Do You Now Have: Frequent or severe headache.  The applicant entered the Regular Air Force on 29 April 2002.  Standard Form 600, Chronological Record of Medical Care, dated 20 May 2002, indicates the applicant was diagnosed with migraine headaches.  On 12 June 2002, the applicant received an entry-level separation, with uncharacterized service and a 4C reentry code, based on erroneous enlistment due to his pre-existing medical condition.  He was credited with 1 month and 14 days of total active service.  According to AFI 36-2002, Enlisted Accessions, the Air Education and Training Command Surgeon General is the waiver authority for physical standards for enlistment.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the application.  The applicant received an entry-level separation, with uncharacterized service for “Failed Medical/Physical Procurement Standards.” According to AFI 36-2606, Enlistment in the United States Air Force, he should have received a reentry code 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service).  However, 4C was erroneously entered on his DD Form 214. Unless otherwise directed by the Board, the applicant’s reentry will be corrected to 2C.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 21 June 2018 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an injustice.  While the Board notes the comments of AFPC/DP2SSM indicating relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  In particular, the Board finds it more likely than not the applicant has been asymptomatic since January 2012, as noted in the medical evidence provided by the applicant.  While that alone is inconclusive as to whether the applicant currently meets medical standards for accession, a change in his RE Code to 3K will allow AETC/SG to consider the applicant for a medical waiver.  However, whether or not the applicant is successful in his attempts to reenlist will depend on the needs of the Air Force, and the Board’s recommendation in no way guarantees that he will be allowed to return to any branch of service.  Therefore, the Board recommends correcting the applicant’s records as 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 issued a Reenlistment Eligibility (RE) code of 3K--(Reserved for use by HQ AFPC or the AFBCMR when no other RE code applies or is appropriate) with his 12 June 2002 separation.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2015-01068 in Executive Session on 9 August 2018:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 May 2014.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 10 May 2018.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 21 June 2018.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.