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AF | BCMR | CY2004 | BC-2003-02028
Original file (BC-2003-02028.DOC) Auto-classification: Denied

                       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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