RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04286 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code of 2Q (personnel medically retired or discharged) be changed to a code that will allow him to enlist in the Missouri Air National Guard. ________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged in 2000 due to suffering from migraine headaches; he has not suffered from a migraine since 2001. He has since been able to prove his excellent physical condition while completing the Missouri Police Corps and serving as a civilian police officer. 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 23 Sep 98. On 6 Mar 00, a Formal Physical Evaluation Board (FPEB) found the applicant unfit for duty caused by chronic mixed headaches associated with disequilibrium. The Board recommended discharge with severance pay. On 6 Mar 00, the applicant agreed with the findings and recommendations of the FPEB. On 9 Mar 00, the Secretary of the Air Force found the applicant unfit for continued military service and directed he be separated from active service for physical disability with a combined compensable disability rating of 10 percent. On 24 Apr 00, the applicant was furnished an honorable discharge for physical disability with severance pay and was credited with one year, seven months, and two days of total active service. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID was able to verify award of the AFAM and AFPC/DPSOY administratively corrected the applicant’s official military personnel record. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request to change his RE code, noting the RE code “2Q” is accurately reflected on his DD Form 214, Certificate of Release or Discharge From Active Duty, in accordance with Air Force Instruction 36-2606, Reenlistment in the USAF, Chapter 3, based on his disability discharge. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 Jan 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. 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 AFPC/DPSOR and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While the applicant contends that he no longer suffers from the headaches that prematurely ended his career, we do not find the documentation presented sufficient to conclude that his disability discharge was erroneous, or that his unfitting symptoms would not return when confronted with the rigors of military service if he were to be able to serve again. We note that AFPC has determined the applicant’s entitlement to the Air Force Achievement Medal (AFAM) and has corrected his records administratively. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively. ________________________________________________________________ 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-2012-04286 in Executive Session on 2 May 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 19 Nov 12, w/atch. Exhibit D. Letter, AFPC/DPSOA, dated 8 Jan 13. Exhibit E. Letter, SAF/MRBR, dated 21 Jan 13. Panel Chair