RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00936 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of 2Q (Personnel Medically Retired or Discharged) be changed to a code that reflects his current medical condition, allowing him to be eligible to reenlist. ________________________________________________________________ APPLICANT CONTENDS THAT: The code became a matter of record without his review or signature. His future status was not considered in choosing this code. Prior to separation he was briefed that he could obtain medical care to treat his injuries and eventually return to active duty. He has pursued such treatment through the Department of Veterans Affairs (DVA) and his condition is resolved, allowing his return to active duty without restrictions. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, a statement from his civilian employer, and correspondence from the DVA and his Congressman. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Applicant’s military personnel records indicate he enlisted in the Regular Air Force on 2 Oct 96 for a period of four years. He was progressively promoted to the grade of staff sergeant (E-5), effective and with a date of rank of 1 Feb 02. On 23 Nov 05, a Medical Evaluation Board (MEB) found the applicant unfit for continued military service for right wrist pain associated with carpal instability and referred him to the Informal Physical Evaluation Board (IPEB). On 12 Dec 05, the IPEB recommended discharge with severance pay and a disability rating of 0%. On 22 Dec 05, the applicant requested a hearing with the Formal Physical Evaluation Board (FPEB), but subsequently waived his right to the hearing, accepting the findings of the IPEB on 13 Feb 06. On 22 Feb 06, the Secretary of the Air Force directed the applicant’s separation for physical disability. On 24 Apr 06, the applicant was furnished an honorable discharge for physical disability and assigned an RE code of 2Q. He was credited with 9 years, 6 months, and 23 days of total active service and received $48,042.00 in Disability Severance Pay. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C, D and F. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial, indicating the 2Q RE Code is appropriate for this type of separation and notes that no procedural error or injustice occurred. A complete copy of the AFPC/DPSD evaluation is at Exhibit C. AFPC/DPSOA recommends denial, indicating the 2Q RE code is intended to reflect the applicant’s status at the time of separation and is not intended to capture any subsequent change. They also indicate a waiver of the 2Q RE Code to reenter the military would be more appropriate than changing his DD Form 214. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 26 Jun 09 for review and response within 30 days. As of this date, no response has been received by this office (Exhibit E). ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends granting the relief requested to allow the applicant to apply for re-entry to active military status. While there is no evidence the applicant suffered an error or injustice during the IPEB determination and subsequent discharge process, the Medical Consultant believes that giving him the opportunity to serve once again is the right thing to do given his apparent recovery and demonstrated ability to perform his civilian aircraft maintenance duties. While the Medical Consultant would have preferred a descriptive assessment of the applicant’s actual wrist functioning (e.g., grip strength, wrist range of motion, and joint stability), he indicates the applicant would be subjected to physical assessments during standard medical in-processing and likely require a waiver from HQ USAF/SG or HQ AETC/SGP prior to being accessed onto active duty. A complete copy of the BCMR Medical Consultant’s evaluation is at Exhibit F. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the BCMR Medical Consultant evaluation was forwarded to applicant on 6 Oct 09 for review and response within 30 days. As of this date, no response has been received by this office (Exhibit G). ________________________________________________________________ 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 error or injustice warranting a change to the applicant’s RE code. We find no evidence of an error on the part of the Air Force in carrying out the IPEB and the applicant’s subsequent disability separation, including the assignment of the 2Q RE code. However, we do believe the applicant’s apparent recovery and demonstrated ability to function in his civilian aircraft maintenance duties warrant allowing him the opportunity to apply for reenlistment in the Air Force, provided he meets all other requirements. We note the applicant’s efforts to reenlist will result in recoupment of the disability separation pay he received in conjunction with his separation if he is successful. Taking the above into consideration as well as the number of years he has honorably served, it is our opinion his records should be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his Reenlistment Eligibility (RE) Code issued in conjunction with his honorable discharge on 24 April 2006 was “3K.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-00936 in Executive Session on 3 Dec 09, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Feb 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 7 Apr 09. Exhibit D. Letter, AFPC/DPSOA, dated 7 May 09. Exhibit E. Letter, SAF/MRBR, dated 26 Jun 09. Exhibit F. Letter, BCMR Medical Consultant, dated 2 Oct 09. Exhibit G. Letter, SAF/MRBR, dated 6 Oct 09. Panel Chair