RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04139 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code of 2Q (personnel medically retired or discharged) be changed to a 1-Series code that will allow him to reenlist in the military. ________________________________________________________________ APPLICANT CONTENDS THAT: He should have been placed on the Temporary Disability Retired List (TDRL) and given a chance to get better. He was misdiagnosed and the medications he was prescribed made him sick. Because of medical profiles, orthotics, and side-effects from the medication, he gained over 70 pounds. He is in better shape now than when he was on active duty and would like an opportunity to pass the medical standards and serve again. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 21 Nov 06. On 8 Jun 11, a Formal Physical Evaluation Board (FPEB) found the applicant unfit for duty due to his low back pain due to degenerative disc disease and bilateral plantar fasciitis. The Board recommended discharge with severance pay and a combined compensable disability rating of 20 percent. On 9 Jun 11, the applicant agreed with the findings and recommendations of the FPEB. On 5 Jul 11, the Secretary of the Air Force directed the applicant be separated from active service for physical disability. On 30 Nov 11, the applicant was honorably discharged for physical disability with a combined compensable disability rating of 20 percent and entitlement to severance pay. He was credited with five years and ten days of total active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial of the applicant’s request to change his RE code, indicating there is no evidence of an error or injustice. While the applicant contends that he has lost over 73 pounds and is in better shape than when he was on active duty, the preponderance of the evidence reflects there was no error or injustice that occurred during the disability process. The RE code of 2Q is the correct code for a member such as the applicant who was approved for a medical retirement or separation. A complete copy of the AFPC/DPSD evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Oct 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice regarding the applicant’s reentry (RE) code. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While the applicant also contends his name should have been placed on the Temporary Disability Retired List (TDRL), he has presented no evidence whatsoever to indicate that he should have been assigned a combined compensable disability rating of at least 30 percent to qualify for a disability retirement in lieu of being discharged with entitlement to severance pay. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04139 in Executive Session on 23 Apr 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 3 Oct 11. Exhibit D. Letter, SAF/MRBR, dated 16 Oct 12. Panel Chair