RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                            DOCKET NUMBER:  02-00568
                                             INDEX CODE 108.01  100.06
                                             COUNSEL: No

                                             HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of  “2Q”  (Personnel  medically
retired or discharged) be changed to one that allows 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 entered active duty on 2 Dec 92 and was assigned to  the
20th Equipment Maintenance Squadron at Shaw AFB, SC, as a  repair  and
reclamation apprentice. He was honorably discharged in  the  grade  of
airman first class for disability, with severance pay, on 17  Jan  95.
He had 2 years, 1 month and 16 days of active service.

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

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant provides a  lengthy  discussion  of  the
applicant’s medical condition,  the  Medical  Evaluation  Board  (MEB)
processing  and  the   Physical   Evaluation   Board   (PEB)   review.
Essentially,  the  Consultant  believes  two  weeks  of  therapy   was
insufficient time to make a determination of response to  therapy  and
continued fitness for duty and, in retrospect, the decision to undergo
MEB  may  have  been  premature.   The  Consultant  notes   that   the
applicant’s request would be much  stronger  if  he  had  provided  an
opinion about his current condition from an orthopedic  surgeon  which
further documented an absence of predisposing biomechanical factors or
the presence of degenerative disease. Because of the  history  of  the
applicant’s knee problem while on active duty, the  process  of  entry
medical  examination  should  include   orthopedic   evaluation.   The
Consultant recommends  that  the  RE  code  be  changed  so  that  the
applicant may apply for reenlistment and thus allow the entry  medical
examination process, including  orthopedic  evaluation,  to  make  the
final determination of his fitness for reenlistment.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPD believes the RE code should not be changed as it  clearly
describes what actions transpired at  the  time  of  discharge.   They
recommend that the applicant ask the recruiter if he can be  medically
reevaluated for the purpose  of  passing  the  medical  standards  for
induction into the Air Force. Once the applicant has shown that he can
meet  the  physical  standards,  the   recruiter   would   then   have
justification for requesting a waiver to the RE code.  To  arbitrarily
change his RE code prior to determining his medical  status  does  not
appear to resolve the problem.  This procedure merely complicates  the
issue in that you have a member who is eligible to  reenlist  but  may
not meet proper medical standards.  Another alternative  would  be  to
have the AFBCMR direct that permissive TDY orders be published to have
the applicant medically  evaluated  at  Wilford  Hall  Medical  Center
(WHMC), Lackland AFB,  TX.   Either  process  will  determine  if  the
individual is able to  meet  the  stringent  medical  requirements  of
military service.  The applicant has not  submitted  any  material  or
documentation to show he was improperly rated or processed.  Until  he
provides medical documentation that reflects he meets current physical
standards for military service, his RE code should remain the same.

A complete copy of the evaluation is at Exhibit D.

HQ AFPC/DPPAE confirms the applicant’s  RE  code  and,  based  on  the
AFBCMR Medical Consultant’s recommendation, recommends changing the RE
code to “3K” (Reserved for use by the AFBCMR when  no  other  RE  code
applies or is appropriate).

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 9 Aug 02 for review and comment within 30  days.   As  of
this date, this office has received no response.

_________________________________________________________________

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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice to  warrant  partial  relief.   We
note the applicant provided no evidence other than his own  assertions
that his knee problem has been resolved. The AFBCMR Medical Consultant
indicates he believed two weeks of therapy was  insufficient  time  to
make a determination of continued fitness for duty  and  the  MEB  may
have been premature. However, based  on  the  available  evidence,  we
cannot determine with any certainty whether  the  applicant’s  present
condition may or may not be unfitting. We are reluctant to grant an RE
code that allows reenlistment when  the  applicant  may  prove  to  be
unfit. We believe the most appropriate action at  this  point  is  the
recommendation made by HQ AFPC/DPPD.  Invitational  orders  should  be
issued allowing the applicant to be medically  evaluated  at  WHMC  to
determine if he is able to meet military service medical requirements.
This will also afford him the opportunity to  demonstrate  or  provide
evidence of his alleged  fitness.  The  medical  determination  as  to
whether or not he is fit for military duty will then be  forwarded  to
this  Board  for  final  consideration.  We  therefore  recommend  the
applicant’s records be corrected to the extent 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  invitational  orders
to Wilford Hall Medical Center were issued by competent authority  for
the purpose of his undergoing a physical examination to determine  his
medical fitness for reentry into military service; that the results be
forwarded to the Air Force Board for Correction of Military Records at
the earliest practicable date so that all  necessary  and  appropriate
actions may be completed; and,  that  all  charges  for  the  physical
examination be, and hereby are, waived.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 3 October 2002 under the provisions  of  AFI  36-
2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Mr. George Franklin, Member
                 Ms. Kathleen F. Graham, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  02-
00568 was considered:

   Exhibit A.  DD Form 149, dated 12 Feb 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant dated 25 Apr 02.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 15 May 02.
   Exhibit E.  Letter, HQ AFPC/DPPAE, dated 5 Aug 02.
   Exhibit F.  Letter, SAF/MRBR, dated 9 Aug 02.




                                   WAYNE R. GRACIE
                                   Panel Chair




AFBCMR 02-00568




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 invitational orders
to Wilford Hall Medical Center were issued by competent authority for
the purpose of his undergoing a physical examination to determine his
medical fitness for reentry into military service; that the results be
forwarded to the Air Force Board for Correction of Military Records at
the earliest practicable date so that all necessary and appropriate
actions may be completed; and, that all charges for the physical
examination be, and hereby are, waived.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency