RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-02937
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her reenlistment eligibility (RE) code be changed from 2Q, “personnel
medically retired or discharged” to one that would allow her to
reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She is fit for duty and fully capable of serving her country, but the
RE code of 2Q indicates otherwise. Her health is not an issue and
will not prevent her from successfully serving.
In support of her request, the applicant submits a copy of a Return to
Work-Excuse Form, and a copy of her DD Form 214, Certificate of
Release or Discharge from Active Duty.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
22 May 1992 for a term of 4 years. On 17 June 1994, she was seen in
the mental health clinic with depressed mood and diagnosed as Phase of
Life Problem, related chronic pain. A 20 April 1995 mental health
evaluation diagnosed Pain Disorder, associated with psychological
factors; Adjustment Disorder with depressed mood, No impairment for
further military duty, Axis III Back injury, IV Stress of ongoing
lawsuit. She underwent a medical evaluation board that recommended
Returned to Duty and forwarded the case to the Physical Evaluation
Board. The informal Physical Evaluation Board determined that she was
unfit for continued duty due to chronic back and cervical pain, status
post minor motor vehicle accident with pain disorder/adjustment
disorder with depressed mood, no organic findings or military
impairment, mild disorder/adjustment disorder with depressed mood, no
organic findings or military impairment, mild civilian social and
industrial impairment, unfit, 10%. The applicant waived her right to a
Formal Physical Evaluation Board hearing and accepted the
recommendation of the IPEB.
On 10 October 1995, the applicant was discharged from the Air Force,
under the provision of AFI 36-3208, (Disability, Severance Pay). She
served three years, four months and nineteen days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. Available Department
of Veterans Administration (DVA) medical documentation shows that in
1999 she still reported symptoms of the conditions for which she was
disability discharged. A September 2002 medical return to work form
reports no recent problems with migraine headaches. The documentation
provided is insufficient to show that the applicant is now fit for
active duty. Her prolonged unfitting chronic neck and back pain
(manifested by subjective complaints with normal examinations and
imaging studies) was refractory to appropriate therapy. Her pain was
further intertwined with an adjustment disorder. Although the
adjustment disorder alone was not of sufficient severity to have
warranted administrative discharge for unsuitability, it aggravated
her chronic pain complaints and the conditions together interfered
with duty performance. A prior history of such militarily
disqualifying symptoms indicates that there is a risk that such
symptoms are likely to recur under similar or other stressful
circumstances.
The BCMR Medical Consultant’s evaluation is at Exhibit C.
AFPC/DPPAE recommends denial. The applicant received severance pay
(10%) due to chronic back and neck pain associated with adjustment
disorder. The RE code of 2Q, “Personnel medically retired or
discharged” is correct.
The DPPAE evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
18 July 03, 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. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice to warrant changing her
reenlistment eligibility (RE) code. Evidence has not been provided in
support of her appeal, which would lead us to believe that a change to
her RE code is warranted. Therefore, we agree with the opinions and
recommendations of the BCMR Medical Consultant and the Air Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that 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 Docket Number BC-2002-
02937 in Executive Session on 21 October 2003, under the provisions of
AFI 36-2603:
Ms. Olga M. Crerar, Panel Chair
Mr. Roscoe Hinton, Member
Ms. Kathleen F. Graham, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 11 Jun 03.
Exhibit D. Letter, AFPC/DPPAE, dated 11 Aug 03.
Exhibit E. Letter, SAF/MRBR, dated 22 Aug 03.
OLGA M. CRERAR
Panel Chair
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