ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01996
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his
reenlistment eligibility (RE) code of 2Q be changed.
________________________________________________________________
STATEMENT OF FACTS:
On 11 December 1998, the applicant was discharged under the provisions of
AFI 36-3212 (Disability, Severance Pay) with an honorable discharge. He
was assigned a reenlistment eligibility (RE) code of 2Q, “Personnel
medically retired or discharged”. He served a total of nine months and
eight days active duty.
On 11 June 2003, the applicant submitted an application requesting his
reenlistment eligibility (RE) code of 2Q be changed. On 29 January 2004,
the Board considered and denied the applicant’s request. A complete copy
of the Record of Proceedings is attached at Exhibit F.
On 23 March 2004, the applicant submitted a request for reconsideration,
again requesting that his RE code be changed. In support of his request,
he provided a letter from a doctor attesting to his fitness for service and
the absence of neurological residuals from his injury; and a letter from a
doctor showing no history within the last four years of neurological
complaints and no current symptomatology of any neurological disorder. His
complete submission is at Exhibit G.
________________________________________________________________
AIR FORCE EVALUATION:
Pursuant to the Board’s request, the BCMR Medical Consultant reviewed the
applicant’s most recent submission and stated that a history of mild head
trauma is not disqualifying for enlistment for general military duty if
neurologic evaluation shows no residual dysfunction or complications.
Persistent post-traumatic sequelae such as headache and dizziness is
disqualifying until full recovery has been confirmed by complete
neurological and neuropsychological evaluation. The applicant has provided
sufficient evidence to support his claim he has fully recovered. The BCMR
Medical Consultant is of the opinion that medical evidence is sufficient to
grant a change in the reenlistment code that would allow the applicant to
apply for enlistment.
This evaluation is at Exhibit H.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 April 2004, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within 14 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 timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice warranting a change in his Reenlistment
Eligibility (RE) code. In this respect, we note that the Chief Medical
Consultant indicates the medical evidence provided by the applicant is
sufficient to grant a change in the reenlistment code that would allow the
applicant to apply for enlistment. In view of the applicant’s apparent
recovery, we believe his current RE code, that bars his reentry into the
service, is unjust, and he should be given the opportunity to reenter the
service. Therefore, his code should be changed to a waiverable code. The
applicant should be aware that such a code does not guarantee his
enlistment and whether a waiver is granted is based on the service to which
he applies.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that at the time of his discharge on 11
December 1998, he was issued a reenlistment eligibility (RE) code of “3K”.
________________________________________________________________
The following members of the Board considered this application in Executive
Session on 4 August 2004, under the provisions of AFI 36-2603:
Mr Michael K. Gallogly, Panel Chair
Ms. Deborah A. Erickson, Member
Mr. John B. Hennessey, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit F. Record of Proceeding, dated 12 Feb 04, w/atchs.
Exhibit G. Applicant's Letter, dated 23 Mar 04, w/atchs.
Exhibit H. Letter, BCMR Medical Consultant, dated 2 Apr 04.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2003-01996
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 APPLICANT, be corrected to show that at the time of his
discharge on 11 December 1998, he was issued a reenlistment eligibility
(RE) code of “3K”.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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