RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01053
            INDEX NUMBER:  110.02
      XXXXXXXXXXXXXXXXX      COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility  (RE)  code  and  separation  code  be
changed to allow his reentry into the service.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He has been medically  cleared  by  two  medical  doctors  and  has
provided copies of their reports regarding his fitness for duty.

He should have the option of serving in a reserve unit.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant was disability  discharged  with  severance  pay  for
chronic low back pain on 23 Aug 99 after serving 1 year,  4  months
and 29 days on active duty.  He was given a Reentry Code  of  “2Q,”
“personnel medically retired or discharged” and a  Separation  Code
of “JFL,” “involuntary discharge directed by established  directive
(No entitlements) for a physical disability which existed prior  to
entry on active duty, during a break in service, or during a period
of inactive service, and was established by a  physical  evaluation
board.”

The remaining relevant facts pertaining  to  this  application  are
contained in the evaluations prepared by the appropriate offices of
the Air Force found at Exhibits C, D, and F.

___________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial  of  the  applicant’s
request.

The records indicate that the applicant had recurring problems with
chronic low back pain that interfered with training in  two  career
fields.  Despite a prolonged period of time in a  physical  profile
restriction  he  continued  to  complain  of  low  back  pain  that
prohibited military duty  performance.   He  was  found  unfit  and
permanently retired because of chronic low back pain, rated  at  10
percent.  Action and  disposition  in  this  case  are  proper  and
reflect compliance with Air Force  directives  that  implement  the
law.

The complete evaluation is at Exhibit C.

AFPC/DPPD recommends denial of the applicant’s request.

Disability  processing  records  reflect  that  the  applicant  was
presented before an MEB on 4 Jun 99 and the results referred to the
Informal Physical Evaluation Board (IPEB)  for  adjudication.   The
Board diagnosed his “mechanical low back  pain”  as  unfitting  for
military service and recommended he be discharged with  entitlement
to severance pay with a 10 percent disability rating.   The  member
agreed  with  the  Board’s  findings  and  recommendation  and  was
discharge shortly thereafter with a 10 percent  disability  rating.
Two and one-half  years  following  his  discharge,  the  applicant
states he is no longer having problems with his back, and  requests
he be allowed to reenlist in the Air Force Reserve or Air  National
Guard.

Recommend the applicant contact his local Air  Force  Recruiter  to
find out if he can be medically  reevaluated  for  the  purpose  of
passing the medical standards for  induction  into  the  Air  Force
Reserves or Air National Guard as outlined in AFI 48-123.  Once  he
has shown that he meet the physical standards, the Recruiter  would
then have justification for requesting a waiver  to  allow  him  to
reenlist.  To arbitrarily change his separation and  reentry  codes
prior to determining his medical status does not  appear  to  solve
the problem.  Another alternative  would  be  to  have  the  AFBCMR
direct that permissive TDY orders be published in order to have the
member medically evaluated at Wilford Hall Medical Center, Lackland
AFB, Texas.

The complete evaluation is at Exhibit D.

AFPC/DPPAE determined that the  applicant’s  RE  code  of  “2Q”  is
correct.  They make no recommendation.

The complete evaluation is at Exhibit E.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant
on 16 Aug 02 for review and comment within 30  days.   To  date,  a
response has not been received.

___________________________________________________________________

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  warranting  the  applicant’s
evaluation by the Air Force medical system.  Although he  presented
no clear-cut evidence that  there  were  any  errors  made  in  the
processing of his disability discharge, the Board was persuaded  by
the current medical statements he provided that he  should  undergo
further evaluation.  The Board agrees with the observation made  by
AFPC/DPPD that it should not  arbitrarily  change  the  applicant’s
separation  and  reentry  codes  without  determining  his  medical
fitness for military service.   In  that  regard  we  accept  their
alternative recommendation that the applicant should  be  medically
evaluated before any decision is  made.   Therefore,  we  recommend
that the record be corrected as 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
travel 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  Docket  Number  02-
01053  in  Executive  Session  on  25  September  2002,  under  the
provisions of AFI 36-2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Ms. Diane Arnold, Member
      Mr. E. David Hoard, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 4 Feb 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, BCMR Medical Consultant, dated
                 13 May 02.
     Exhibit D.  Memorandum, AFPC/DPPD, dated 30 May 02.
     Exhibit E.  Memorandum, AFPC/DPPAE, dated 8 Aug 02.
     Exhibit F.  Letter, SAF/MIBR, dated 16 Aug 02.




                                   LAWRENCE R. LEEHY
                                   Panel Chair


AFBCMR 02-01053


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 XXXXXXXXX, XXX-XX-XXXX, be corrected to show that
invitational travel 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