RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00353

xxxxxxxxxxx	COUNSEL: NONE

(AKA) XXXXXXXXXXXX	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

1.	Her “Uncharacterized” Entry Level Separation (ELS) be upgraded to an honorable discharge.

2.	Her separation code of “JFW” which denotes “failed medical/physical procurement standards” be changed to “JFL” which denotes “disability, severance pay” or “JFQ” which denotes “disability, aggravation.”

3.	Her Reentry (RE) code of “4C” which denotes “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 (AFRAT), or void enlistments” be changed to “2C” which denotes “involuntarily separated with an honorable discharge; or entry level separation without characterization of service.”

APPLICANT’S CONTENTIONS

She was experiencing headaches due to the heat.  Instead of being retained and given the option to reclassify, she was kicked out of the Air Force.  She did not want to be separated but was forced to believe that was her only option being told she was not capable of performing up to Air Force standards.  She would now like the option to serve in the Reserves.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (E-3).

On 28 Jul 98, the applicant’s commander recommended the applicant be discharged from the Air Force, under the provisions of AFI 36-3208, Administrative Separation of Airmen, paragraph 5.14, for erroneous enlistment.  The specific reasons for the action were as follows:

a.	Dated 27 May 98, Chronological Record of Medical Care, indicates the applicant was diagnosed with headaches secondary to heat intolerance which was not reported on her SF 93, Report of Medical History.  It was determined this condition existed prior to service (EPTS) and had not been permanently aggravated by service.

On 31 Jul 98, the discharge authority directed the applicant be discharged for erroneous enlistment, with an uncharacterized service characterization.  

On 6 Aug 98, the applicant received an uncharacterized, entry level separation.  Her narrative reason for separation is “Failed Medical/Physical Procurement Standards”; RE code of “4C” and separation code of “JFW.”  She was credited with 4 months and 19 days of total active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D, and E.

APPLICABLE AUTHORITY/GUIDANCE

According to AFI 36-3208, Administrative Separation of Airmen, incorporating changes through 8 Jun 17, paragraph 1.18, the types of service characterization are as follows: 

Honorable.  The quality of the airman’s service generally has met Air Force standards of acceptable conduct and performance of duty or when a member's service is otherwise so meritorious that any other characterization would be inappropriate. 

Under Honorable Conditions (General).  If an airman’s service has been honest and faithful, this characterization is warranted when significant negative aspects of the airman's conduct or performance of duty outweigh positive aspects of the airman's military record.

Under Other than Honorable Conditions.  When basing the reason for separation on a pattern of behavior or one or more acts or omissions that constitute a significant departure from the conduct expected of airmen.  The member must have an opportunity for a hearing by an administrative discharge board or request discharge in lieu of trial by court-martial.  

Entry Level Separation.  Airmen are in entry level status during the first 180 days of continuous active military service or the first 180 days of continuous active military service after a break of more than 92 days of active service.  Determine the member's status by the date of notification; thus, if the member is in entry level status when initiating the separation action, describe it as an entry level separation unless: 

•	A service characterization of under other than honorable conditions is authorized under the reason for discharge and is warranted by the circumstances of the case; or 

•	The Secretary of the Air Force determines, on a case-by-case basis, that characterization as honorable is clearly warranted by unusual circumstances of personal conduct and performance of military duty.

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the applicant’s request to have her type of separation and service characterization changed to honorable.  Airmen are given an entry-level separation, uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  Per DoDI 1332.14, Enlisted Administrative Separations, the Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.

The complete advisory opinion is at Exhibit C.

AFPC/DP2SSM recommends denying the applicant’s request to change her character of service to honorable and her Reenlistment Eligibility (RE) code to allow reentry in the military.  There is a need to correct the applicant’s RE code; although, there is no evidence of an error or injustice that would support a more favorable RE code (as requested) based on the documentation provided by the applicant and analysis of the facts.  Although applicant is requesting a RE code of “2C,” she also believes the “2C” RE code will allow her to reenter the military, which is not correct.  Should the Board elect to grant the request for a more favorable RE code as the applicant is requesting, our office will provide a waiverable RE code if deemed appropriate.  If not, her correct RE code should be changed to “2C” which denotes “involuntarily separated with an honorable discharge; or entry level separation without characterization of service,” based on her entry level separation with an uncharacterized character of service.  If more than one RE code applies, RE codes are prioritized in the following order 2#, 4#, 3#, then last the last priority is the 1# series and only the highest priority RE code can be updated and listed as the correct RE code, so the applicant’s correct RE code should be “2C.”

The complete advisory opinion is at Exhibit D.

The AFBCMR Medical Advisor recommends denying the applicant’s request to change her discharge asserting that her medical condition would have been, or is currently, incompatible with military duty.  The evidence found in her medical record, strongly indicates that she was diagnosed with duty limiting headaches shortly following completion of Basic Military Training (BMT), that her condition pre-existed entry into military service, was not well controlled, and would have likely precluded her from performing her military duties, including qualification for world-wide deployment.  Of note, the applicant would currently still be disqualified for service entry under provisions of Department of Defense Instruction 6130.03, Medical Standards for Appointment, Enlistment, or Induction in the Military Services, on both the history of headaches interfering with activity and the predisposition to heat injury.  The applicant presented no evidence that her medical condition, which was also disqualifying from military service in 1998, has now resolved, and would no longer pose the same duty/activity restrictions that led to her separation at that time.  On the contrary, her current medical record indicates that she continues to suffer from poorly controlled migraines.  Also of note, and pertaining to the applicant’s claim that she “did not want a separation,” the record showed that she had waived her right to counsel and did not contest her ELS, presumably agreeing with the medical findings and conclusions that had precipitated it.  The Medical Advisor lauds the applicant’s educational accomplishments and her desire to reenter military service.  However, the Medical Advisor opines that changing the applicant’s re-enlistment eligibility code to allow service re-entry, poses an unreasonable risk for recurrence, as already shown during Calendar Year 2020, and for mission degradation, under climatic conditions beyond the applicant’s capacity to remedy without imposing duty restrictions.

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 11 Aug 21 for comment (Exhibit F), but has received no response.

FINDINGS AND CONCLUSION

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

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, AFPC/DP2SSM notes her entry level separation with an uncharacterized character of service was given the wrong RE code of “4C” which is sufficient to justify granting the applicant’s request to correct her RE code to “2C” which denotes “involuntarily separated with an honorable discharge; or entry level separation without characterization of service.”  However, there is no evidence of an error or injustice that would support a more favorable RE code that would allow her to reenter the military.  Furthermore, for the remainder of the applicant’s request, the Board concurs with the rationale and recommendation of AFPC/DP2SSR and the AFBCMR Medical Advisor; the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show her DD Form 214, Certificate of Release or Discharge from Active Duty, Block 27, Reentry (RE) code be changed to “2C.”

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2021-00353 in Executive Session on 20 Oct 21:

, 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 27 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSR, dated 8 Apr 21.
Exhibit D:	Advisory Opinion, AFPC/D2SSM, dated 9 Apr 21.
Exhibit E:	Advisory Opinion, AFBCMR Medical Advisor, dated 30 Jul 21.
Exhibit F:	Notification of Advisory, SAF/MRBC to Applicant, dated 11 Aug 21.

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