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AF | BCMR | CY1998 | 9703689
Original file (9703689.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NO:  9 7 - 0 3 6 8 9  
COUNSEL:  NONE 

JUbl  1 2  1298 

HEARING DESIRED: T O  

Applicant requests that the separation code on his DD Form 2 1 4   be 
changed from "JFL" to I'SFK" to allow eligibility to enlist in the 
Reserves.  Applicant's submission is at Exhibit A. 

The appropriate Air  Force offices evaluated applicant's request 
and  provided  advisory  opinions  to  the  Board  recommending  the 
application be  denied  (Exhibit C).  The  advisory opinions were 
forwarded to the applicant  for review and response  (Exhibit D). 
As of this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available  evidence  of  record, we  find  insufficient evidence  of 
error or injustice to warrant  corrective action.  The facts and 
opinions stated in  the  advisory opinions appear to be  based  on 
the evidence of  record and have not been rebutted by applicant. 
Absent persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members  of  the  Board  Mr.  David C. Van  Gasbeck, Mr.  Richard  A. 
Peterson,  and  Mr.  Kenneth  L.  Reinertson  considered  this 
application on 9  June 1 9 9 8   in accordance with the provisions of 
Air  Force  Instruction  3 6 - 2 6 0 3 ,   and  the  governing  statute, 10, 
U.S.C. 1552. 

/ 

DAVID 

Exhibits: 
A.  Applicant's DD Form 1 4 9  
B.  Available Master Personnel Records 
C.  Advisory Opinions 
D.  SAF/MIBR Ltr Forwarding Advisory Opinions 

i .  

1 

- 

HQ AFPC/DPPD 
550 C Street West Ste 06 
Randolph AFB TX 78 150-4708 

MEMORANDUM FOR AFBCMR 

FROM: 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE, TEXAS 

13 Jan 98 

SUBJECT:  Application for Correction of Military Records 7 

REQUESTED ACTION:  Applicant requests that the Separation Code on his DD Form 
214, Certificate of Release or Discharge from Active Duty, be changed from “EL” to “SFK” in 
order that he can enter the Reserves. 

FACTS:  Applicant was found unfit for further military service and discharged with 
severance pay with a 10 percent compensable disability rating after serving three years, three 
months, and twenty-six days on active duty.  Member received $7,255.80 in disability severance 
Pay * 

DISCUSSION:  A Medical Evaluation Board (MEB) was conducted on 29 Nov 95 at 

Malmstrom Air Force Base for a diagnosis of Reactive Airway Disease.  The medical data was 
referred to the Informal Physical Evaluation Board (IPEB) for evaluation and the member was 
found unfit for continued military service.  The IPEB recommended he be discharged with 
severance pay with a 10 percent disability rating.  The applicant did not concur with these 
findings and requested a formal board hearing. 

’ 

On 22 Jan 96, with the assistance of legal counsel, the applicant presented his case before 
the Formal PEB at Lackland AFB.  The Board agreed with the findings of the IPEB, found him 
unfit for continued military service, and recommended his discharge with severance pay with a 
10 percent disability rating.  Again, the member did not concur with the findings and advised the 
Board that he wanted to submit a written rebuttal to the Air Force Personnel Council (AFPC). 
His rebuttal was susperised for 5 Feb 96.  Applicant did not provide a rebuttal by the suspense 
date and subsequently officials in the Office of the Secretary of the Air Force approved the 
findings of the previous two boards and directed the applicant’s discharge with severance pay 
and a 10 percent disability rating.  Discharge was effective 25 Mar 96. 

A thorough review of the case file revealed no errors or irregularities in the processing of 
the applicant’s case within the disability evaluation system.  He was appropriately found unfit for 

9703689 
- . . . . . . . . - 

continued military service and properly rated under federal disability rating guidelines. The 
member was afforded all rights to which he was entitled under disability law and departmental 
policy. 

CONCLUSION:  We defer to the appropriate OPR regarding the applicant’s request to 

change his separation code.  The applicant’s separation code “JFL” indicates he was separated by 
reason of physical disability and entitled to disability severance pay.  This code was correct at the 
time of his discharge.  Further, we defer to the correct OPR as to the appropriateness of a waiver 
of entry standards to allow his reenlistment in the armed forces. 

, Colonel, USAF 

Chief, Ph#ical  Disability Division 
Directorate of Pers Prog Management 

9703689 

DEPARTMENT  OF THE AIR  FORCE 

HEADQUARTERS  A I R   FORCE  P E R S O N N E L  CENTER 

RANDOLPH  AIR  FORCE  B A S E  TEXAS 

MEMORANDUM FOR  AFBCMR 

FROM  HQ AFPC/DPPAES 

550 C Street West Ste 10 
Randolph AFB TX  78 150-47 12 

A review of applicant's case file was conducted.  The Reenlistment Eligibility (RE) 

Code "2Q"  is correct.  The type of discharge drove assignment of the RE code. 

k4THLEEN R. LOPEZ, MSgt, USAF 
Special Programs and BCMR Manager 
Dir of Personnel Program Management 

U 

DEPARTMENT  OF THE AIR  FORCE 

HEADQUARTERS AIR  FORCE PERSONNEL CENTER 

RANDOLPH AIR  FORCE BASE TEXAS 

MEMORANDUM FOR AFBCMR 

FROM: HQ AFPCDPPRS 

550 C Street West Ste 11 
Randolph AFB TX  78150-4713 

SUBJECT: Application for Correction of Military Records 

Requested Action.  The applicant is requesting a change 

Form 2 14 he received for his disability discharge fiom “JFL” to SFK‘’@ 

Recommendation.  Denial.  We concur with HQ AFPC/DPPD that the Separation Code the 

applicant received on his DD Form 2 14 is correct and that no administrative correction is 
required. 

JOHN C. WOOTEN, GS-9 
Military Personnel Mgmt Spec 
Separations Branch 
Dir of Personnel Program Management 

9703689 

- . . . . . . . . - 



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