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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