Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-02026
Original file (BC-2003-02026.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02026
            INDEX NUMBER: 100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Separation Code of “JFL” and Reentry Code of “2Q” be changed.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

At his request, his Department of Veterans Affairs  (DVA)  compensation  was
terminated effective 1 March  1999,  and  all  paid  severance  to  him  was
refunded.  He was of the understanding that his DD Form 214, Certificate  of
Release or Discharge from Active Duty, would be corrected  automatically  at
the time his DVA compensation was terminated.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Air  Force  on  1 February  1994.
He was presented to a Medical Evaluation Board (MEB) due to chronic pain  in
his left tibia.  The MEB referred him to  an  Informal  Physical  Evaluation
Board (IPEB) based on the diagnosis of chronic left leg  pain  secondary  to
stress changes in the left tibia, not responding to adequate  treatment,  no
evidence of stress  fracture.   The  IPEB  found  him  unfit  for  continued
military service and recommended his  discharge,  with  severance  pay.   He
concurred with the IPEB findings.  On 1 November 1994, the Secretary of  the
Air Force Personnel Council (SAFPC) directed  his  separation  for  physical
disability and he was honorably discharged on 6  December  1994,  under  the
provisions of AFI 36-3212 (Disability, Severance Pay), with Separation  Code
“JFL,” and issued a Reentry Code of “2Q -  Personnel  medically  retired  or
discharged.”  He completed 10 months and  6  days  of  active  service.   He
received separation pay in the amount of $1866.60.

He enlisted in the Kentucky Air National Guard (KY ANG) and  the  Air  Force
Reserve on 15 August 1997, for a period of  six  years.   He  was  honorably
discharged from the KY ANG and Air Force Reserve on 29 April 2003.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The Chief Medical Consultant states, in part, that  although  no  change  to
the record is warranted, indirect evidence of the  applicant’s  three  years
of active KY ANG service suggests his  leg  condition  has  resolved  and  a
change to his Reentry Code can be reasonably considered.   However,  such  a
change is not equivalent to a medically  qualified  finding  for  enlistment
and does not guarantee acceptance by the Air Force for enlistment.

The Chief Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPRS recommends the application be denied, and states, in  part,  that
the  discharge  was  consistent  with   the   procedural   and   substantive
requirements of the discharge regulation.

The AFPC/DPPRS evaluation, with attachments, is at Exhibit D.

AFPC/DPPAE states the RE Code assigned at the time of  his  6 December  1994
medical  discharge  is  correct.   RE  Code  waivers  for   enlistment   are
considered and approved based on the needs of  the  service  and  recruiting
initiatives at the time of the enlistment inquiry.

The AFPC/DPPAE evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 30 January 2004,  for  review  and  response  within  30  days.
However, 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After thoroughly  reviewing  the  evidence
of record and  noting  the  applicant’s  complete  submission,  we  find  no
evidence of an error or injustice.  In this respect, we note that  based  on
the diagnosis of chronic left leg pain secondary to stress  changes  in  the
left tibia, not responding to adequate  treatment,  no  evidence  of  stress
fracture, an IPEB  found  him  unfit  for  continued  military  service  and
recommended his discharge,  with  severance  pay.   He  concurred  with  the
findings of the IPEB  and  the  SAFPC  directed  his  disability  discharge.
Since his discharge, he completed a six-year enlistment in the KY ANG.   The
BCMR Medical Consultant opines that although no  change  to  the  record  is
warranted, the applicant’s three years of active  KY  ANG  service  suggests
his leg condition has resolved and a change  to  his  Reentry  Code  can  be
reasonably considered.  While it  appears  his  leg  condition  may  now  be
resolved, the Reentry Code issued at the time of his  separation  accurately
reflects that he was medically discharged.  We do not find this code  to  be
in error or unjust.  In the absence of evidence that his  medical  discharge
was inappropriate, we find no basis to disturb the existing record.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-2003-02026
in Executive Session on 18 March 2004, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Grover L. Dunn, Member
                       Mr. Richard A. Peterson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 17 Nov 03.
    Exhibit D.  Letter, AFPC/DPPRS, dated 10 Dec 03, w/atchs.
    Exhibit E.  Letter, AFPC/DPPAE, dated 20 Jan 04.
    Exhibit F.  Letter, SAF/MRBR, dated 30 Jan 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 02223

    Original file (BC 2014 02223.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02223 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of 2Q (Personnel medically retired or discharged) be changed to allow reentry in the military. On 20 Mar 09, the Formal Physical Evaluation Board (FPEB) reviewed the case file with medical records and determined the ulcerative colitis was unfitting with a disability rating of...

  • AF | BCMR | CY1999 | 9803452

    Original file (9803452.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The Chief Medical Consultant, AFBCMR, states that following separation, the applicant was seen in the Department of Veterans Affairs (DVA) system where a follow-up x-ray actually showed a healing stress fracture of the left tibial metaphysis and he was awarded 10% disability based on this finding. Had a Medical Evaluation Board (MEB) been accomplished with the proper diagnosis (stress fracture of the...

  • AF | BCMR | CY2005 | BC-2004-02289

    Original file (BC-2004-02289.doc) Auto-classification: Denied

    Since being placed on, and then removed from the TDRL, the documented inconsistencies within the Air Force and Air Force Reserve are working against him to continue to serve his country. He had 17 years, 3 months, and 22 days of military service for basic pay _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommended denial and stated the prepondence of evidence reflects that no injustice occurred during his processing to separate under...

  • AF | BCMR | CY2003 | BC-2002-04051

    Original file (BC-2002-04051.doc) Auto-classification: Approved

    A 3 Dec 99 ice test conducted by a civilian provider concluded that her history of hives was resolved and there was no evidence of urticaria. A complete copy of the evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded with a personal statement and a letter from her primary care physician, a captain at McConnell AFB, KS. However, since the AFBCMR Medical Consultant advises that this...

  • AF | BCMR | CY2011 | BC-2011-02488

    Original file (BC-2011-02488.txt) Auto-classification: Denied

    The complete DPSD evaluation is at Exhibit C. AFPC/DPSOA recommends denial. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices 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. _________________________________________________________________ The following members of the...

  • AF | BCMR | CY2004 | BC-2003-01188

    Original file (BC-2003-01188.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: Her commander recommended her discharge for failure to meet Air Force weight standards, while the Informal Physical Evaluation Board (IPEB) recommended her discharge for a medical condition that existed prior to service (depression). The applicant was discharged on 19 Nov 97 and was issued an RE code of “2Q.” _________________________________________________________________ AIR FORCE EVALUATION: The...

  • AF | BCMR | CY2013 | BC 2013 02678

    Original file (BC 2013 02678.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02678 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: The following items on his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 29 Apr 11 placement on the Temporary Disability Retired List (TDRL) be changed so that he can reenter the Air...

  • AF | BCMR | CY2007 | BC-2006-03539

    Original file (BC-2006-03539.doc) Auto-classification: Denied

    DPPD states the preponderance of evidence reflects that no error or injustice occurred during the disability process at the time of separation. DPPAE states after review of the evidence submitted by the applicant and review of her records, there is no evidence of error or injustice surrounding her discharge. The DPPAE evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation...

  • AF | BCMR | CY2002 | 0201053

    Original file (0201053.doc) Auto-classification: Approved

    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...

  • AF | BCMR | CY2013 | BC 2013 00333

    Original file (BC 2013 00333.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00333 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2Q (medically retired or discharged) be changed to allow him to reenter into the Air Force. The applicant’s MEB indicated his medical condition was not pre-existing and his case was referred to an Informal Physical Evaluation...