RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02028
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code of 2Q be changed to 1J or 1R.
His separation code of JFL be changed to SKF.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was medically separated from the Air Force as a result of chronic
left shoulder pain. At that time, there were limitations on his
shoulder as a result of recovering from two consecutive surgeries.
Since his discharge, he has obtained full use of his shoulder, and
does not have any limitations. Despite his overall improved
performance, he cannot presently reenter the Air Force or Air Force
Reserve because of his separation and RE codes. As a result of his
most recent evaluation by a physician, he now believes the codes are
unjust.
In support of his appeal, the applicant provided a personal statement,
extracts of his medical records, and his separation document.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 18 Jul 96 for a period
of four years.
In Jan 00, the applicant injured his left shoulder while
weightlifting. In Sep 01, he again injured the shoulder while playing
football.
On 23 Oct 02, a Medical Evaluation Board (MEB) convened and
established a diagnosis of chronic left shoulder pain. The MEB
recommended that the applicant’s case be referred to an Informal
Physical Evaluation Board (IPEB).
On 5 Nov 02, an Informal Physical Evaluation Board (IPEB) convened and
established a diagnosis of chronic left shoulder pain status post
rotator cuff repair. The IPEB recommended that the applicant be
discharged with severance pay with a disability rating of 10 percent.
On 12 Nov 02, the applicant disagreed with the findings and
recommended disposition of the IPEB and demanded a formal hearing of
the case.
On 14 Jan 03, a Formal Physical Evaluation Board (FPEB) convened and
established a diagnosis of moderate, severe chronic left shoulder pain
status post rotator cuff repair. The FPEB recommended that the
applicant be discharged with severance pay with a disability rating of
20 percent. The applicant agreed with the findings and recommended
disposition of the FPEB.
On 22 Jan 03, the Secretary of the Air Force directed that the
applicant be separated from active service for physical disability
under the provisions of 10 USC 1203, with severance pay.
On 7 Mar 03, the applicant was honorably discharged under the
provisions of AFI 36-3212 (Disability, Severance Pay). He was
assigned an RE code of 2Q (Personnel medically retired or discharged),
and a separation code of JFL. He was credited with 6 years, 7 months,
and 20 days of active service.
After reviewing the applicable Air Force Instructions, AFI 36-2606 and
AFI 36-3212, it appears the RE and separation codes are correct.
_________________________________________________________________
AIR FORCE EVALUATION:
The Medical Consultant recommended denial indicating that although the
applicant’s left shoulder was doing well following his discharge, he
has an established clinical pattern of recurrent shoulder problems
marked by prolonged periods of duty limitation. This history combined
with the nature of his injury that included both tear of the rotator
cuff and injury to the cartilaginous lip of the joint (labral tears),
makes him at risk for recurrent pain incompatible with the long-term
requirements of military service. In the Medical Consultant’s view,
the action and disposition in this case were proper and equitable
reflecting compliance with Air Force directives that implement the
law, and that no change in the records is warranted.
A complete copy of the Medical Consultant’s evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 19
Dec 03 for review and response. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
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. The applicant's complete
submission was thoroughly reviewed and his contentions were duly
noted. However, we do not find the applicant’s uncorroborated
assertions or the documentation presented sufficiently persuasive to
override the rationale provided by the Medical Consultant. The
evidence of record indicates the applicant was discharged by reason of
physical disability with severance pay. There is no indication in the
evidence provided that the applicant’s discharge was improper or
contrary to the provisions of the directive under which it was
effected. As a result of his discharge, the applicant was assigned an
RE code of 2Q. It appears that the code was appropriately assigned
and accurately reflected the circumstances of his separation, and, we
find no evidence to indicate the assigned RE code was in error. While
there is some indication the applicant’s medical condition has
improved, we agree with the Medical Consultant’s assessment that
because of the history and nature of his injury, he is at risk for
recurrent problems which could again affect his military service. In
view of the foregoing, and in the absence of evidence to the contrary,
we adopt the Medical Consultant’s rationale and conclude that no basis
exists to recommend favorable action on the applicant’s request that
his RE and separation codes be changed.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2003-02028 in Executive Session on 10 Feb 04, under the provisions of
AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Sharon B. Seymour, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Medical Consultant, dated 17 Nov 03.
Exhibit D. Letter, SAF/MRBR, dated 19 Dec 03.
ROSCOE HINTON, JR.
Panel Chair
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