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AF | BCMR | CY2004 | BC-2003-02338
Original file (BC-2003-02338.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02338
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment (RE) code be changed to one that would allow  him  to
reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  was  given  an  honorable  discharge  with   a   service-connected
disability.  His disability does not limit his ability to perform duty
functions and meet standards set forth by the military.  He has had no
difficulties with his injury since  surgery  and  rehabilitation.   He
would like to reenlist.

In support of his appeal, the applicant has provided a copy of his  DD
Form 214, Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 24 June 1992.   In  August  1994,  he
underwent surgery to repair an injury to his left knee.  He  continued
to  experience  duty-limiting  symptoms  and   underwent   a   medical
evaluation board  (MEB).   On  2  June  1995,  the  Informal  Physical
Evaluation Board (IPEB) found him unfit for continued military service
and recommended discharge with severance pay.  On 4 August 1995 he was
honorably discharged with an RE code of  “2Q”  and  severance  pay  of
$7,086.  He was serving in the grade of senior airman (SRA/E-4) at the
time of discharge and was credited with 3 years, 1 month and  11  days
of active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

The  AFBCMR  Medical  Consultant   notes   the   applicant   underwent
reconstructive surgery on his left knee  to  repair  a  torn  anterior
cruciate  ligament  and  a  torn  medial  meniscus.   He   experienced
persistent duty-limiting symptoms over  the  next  nine  months.   The
Medical Consultant notes that the type of injury  experienced  by  the
applicant, even if repaired,  is  disqualifying  for  enlistment  (Air
Force Instruction (AFI) 48-123, attachment 3) due to the high rate  of
recurrent difficulties associated with the rigors of military service.
 The Medical Consultant is of the opinion that no change to the record
is warranted.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
13 February 2004 for review and comment within 30 days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the merits of the case  and
we appreciate his desire to serve; however, we agree with the  opinion
and recommendation of 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.  Air Force
Instructions  (AFI’s)  are  very  clear   on   what   conditions   are
disqualifying  for   enlistment   or   continued   military   service.
Unfortunately, the type of reconstructive knee  surgery  underwent  by
the  applicant,  even  if  successful,  would  be  disqualifying   for
reenlistment.  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 AFBCMR Docket Number BC-
2003-02338 in Executive Session on 30 March 2004, under the provisions
of AFI 36-2603:

      Mr. Frederick R. Beaman, III, Panel Chair
      Mr. Michael J. Maglio, Member
      Ms. Martha J. Evans, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jul 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 20 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.




                                   FREDERICK R. BEAMAN, III
                                   Panel Chair

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