RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  01-02230
            INDEX CODE 100.06   110.02
            COUNSEL:  None

            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation program designator  (SPD)  code  and  his  reenlistment
eligibility (RE) code be changed so that he can attempt reenlistment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted  in  the  Regular  Air  Force  on  22  Sep  99.
Following referral to an Informal Physical Evaluation Board (IPEB), he
was found unfit for continued military service due  to  his  recurrent
left shoulder instability, a  condition  determined  to  have  existed
prior to service (EPTS) as a result of a football injury  in  Oct  98.
Discharge under other than (DUOT)  Chapter  61,  Title  10,  USC,  was
recommended,  the  applicant   concurred   with   the   findings   and
recommendations, and he was discharged in the grade of  airman  on  28
Aug 00 with 11 months and 5 days of active service. He was  issued  an
SPD code of "JFM" (Discharge Existed Prior to Service, PEB) and an  RE
code of "2Q" (Personnel Medically Retired or Discharged).

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records (Exhibit B),  are  contained  in
the official documents provided in the applicant’s submission (Exhibit
A) and in the letters prepared by the appropriate offices of  the  Air
Force (Exhibits C and D).

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant provided his rationale for  recommending
denial.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPD provided their rationale for recommending denial.

A complete copy of the evaluation is at Exhibit D.

HQ AFPC/DPPAE advised that the applicant's RE code is correct.

A complete copy of the evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 15 Nov 01 for review and comment  within  30  days.   The
applicant requested that his case be temporarily  withdrawn  while  he
awaited surgery on his left shoulder.  By letter dated 13 Dec 01,  the
AFBCMR Staff advised the applicant that  his  request  to  temporarily
withdraw his appeal had been granted.

In an undated letter, the applicant asserts he had  surgery  performed
on his left shoulder and is having the medical  records  sent  to  the
Board. He believes he now  qualifies  for  reenlistment.  He  provides
endoscopy photos of his shoulder.

The applicant's complete response, with attachments, is at Exhibit I.

On 9 Apr 02, the New  England  Orthopedic  Surgeons,  Inc.,  forwarded
medical reports pertaining to the applicant's shoulder surgery,  which
was performed on 8 Mar 02.

The reports from the orthopedic surgeons group are at Exhibit J.

_________________________________________________________________

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  probable  error  or  injustice  to  warrant  partial
relief. Although the applicant did not specify which RE code he wants,
the Board presumes he desires  one  of  the  “Eligible  for  Immediate
Reenlistment,” or “1” series, RE codes. While the  applicant  recently
had surgery on his left shoulder, we do not believe we  are  qualified
to determine his medical fitness for  service,  especially  given  his
anticipated 12-week post-surgical recuperative period.  Therefore,  we
conclude that an RE code permitting immediate  reenlistment  would  be
inappropriate. However, a majority of the Board is persuaded that  the
applicant should  be  afforded  the  opportunity  to  demonstrate  his
fitness for service and apply for  enlistment.  In  this  regard,  the
majority of the Board believes an appropriate remedy would be to grant
him an RE code of “3K” (Reserved for use by the AFBCMR when  no  other
RE code applies or is appropriate).  While the “3” RE  codes  indicate
“Conditions Barring Immediate Reenlistment,”  they  are  “waiverable,”
unlike the “2” series in which he is currently categorized.  In  other
words, an RE code from the “3” series would permit him  to  apply  for
enlistment. If his shoulder injury has been rectified by  the  surgery
and he is found medically fit for service, has desirable skills and is
otherwise  acceptable,  the  Reserves   may   elect   to   waive   his
ineligibility and allow him to enlist. For the  sake  of  consistency,
the  Board  majority  also  recommends   the   applicant’s   narrative
reason/SPD  code  be  changed  from  “Discharge,  EPTS,  PEB/JFM”   to
“Secretarial Authority/JFF.”  The  applicant  should  understand  that
these SPD and RE code changes in no way obligate any of  the  Services
to accept him for enlistment.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 28 August 2000, he
was  honorably  discharged  under  the  provisions  of  AFI   36-3208,
Secretarial Authority, was issued a separation program designator code
of “JFF” and a reenlistment eligibility code of “3K.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 18 April 2002 under the  provisions  of  AFI  36-
2603:

                 Mr. Roger E. Willmeth, Panel Chair
                 Ms. Martha Maust, Member
                 Mr. Clarence D. Long III, Member

By a  majority  vote,  the  Board  voted  to  correct  the  record  as
recommended.  Mr. Long  voted  to  deny  the  case  entirely  and  has
submitted a Minority Report at Exhibit K.  The  following  documentary
evidence pertaining to AFBCMR No. 01-02230 was considered:

   Exhibit A.  DD Form 149, dated 2 Aug 01.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 7 Sep 01.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 15 Oct 01.
   Exhibit E.  Letter, HQ AFPC/DPPAE, dated 31 Oct 01.
   Exhibit F.  Letter, SAF/MRBR, dated 15 Nov 01.
   Exhibit G.  Letter, Applicant, undated.
   Exhibit H.  Letter, AFBCMR, dated 13 Dec 01.
   Exhibit I.  Letter, Applicant, undated, w/atchs.
   Exhibit J.  Medical Reports, New England Orthopedic Surgeons,
                       Inc., dated 3 Dec 96 - 26 Mar 02.
   Exhibit K.  Minority Report.



                                   ROGER E. WILLMETH
                                   Panel Chair




AFBCMR 01-02230




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to   , be corrected to show that on 28 August 2000, he
was honorably discharged under the provisions of AFI 36-3208,
Secretarial Authority, was issued a separation program designator code
of “JFF” and a reenlistment eligibility code of “3K.”





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency