RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00165
INDEX CODE: 100.03
XXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 15 JUL 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her reenlistment eligibility (RE) code be changed to enable her to
pursue a commission in the Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She believes her discharge was incorrectly documented and prevents her
from pursuing a commission. She feels the disqualification was
specific only to the Air Force Specialty Code (AFSC) she had at the
time of her discharge.
In support of her request, the applicant submits a personal statement,
a copy of DD Form 214, Certificate of Release or Discharge from Active
Duty and background documentation related to her discharge.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
27 May 1998, for a term of 4 years.
She experienced chronic lower back pain and was placed on several
medical profiles beginning in September 1999. The profile dated 23
March 2000, indicated she was not worldwide qualified and her
restrictions to duty were documented as no mobility, no lifting over
10 pounds and no high impact activities. On 19 June 2000, she
underwent a medical evaluation board (MEB), and on 26 June 2000, the
informal physical evaluation board (IPEB) determined that her chronic
lower back pain was associated with mild scoliosis and retrolisthesis
with hypermobility of L5-S1, which existed prior to service without
service aggravation. The IPEB found the applicant unfit for continued
service and recommended administrative discharge.
On 29 June 2000, the applicant agreed with the Board’s findings and on
30 June 2000, officials within the Office of the Secretary of the Air
Force directed she be discharged without disability benefits
She was administratively separated on 21 August 2000, due to a
disability that existed prior to service. She served 2 years,
2 months and 25 days total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AETC/SGPS recommends denial. SGPS states a review of the applicant’s
record reveals a long history of low back pain for which she met a
medical board and was released from the Air Force. Her final
prognosis notes her condition to be chronic; long-term improvement of
resolution is unlikely, and that she should be restricted to light
desk duties only with limitations of lifting, bending and all impact
activities.
SGPS states her condition was noted as chronic and although she has
maintained a lifestyle that has not aggravated her condition, return
to the military can not guarantee this will continue, her diagnosis
and long term prognosis is not conducive to military service.
The SGPS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states, she disagrees with several items found in the
advisory and would like to pursue a commission in the Air Force.
When she enlisted in the Air Force she chose an AFSC based on her
outstanding ASVAB scores and was guaranteed an AFSC in her enlistment
contract. Individuals select or are limited to certain AFSCs within
the Air Force due to physical limitations such as color blindness,
physical fitness standards and so on.
She states that AFI 48-123, A 18.2.5, states, for a military member to
be deployable, that individual must be able to perform “heavy physical
work over at least a short period of time.” She is capable of doing
physical work as long as it is not part of her daily job requirement.
She believes she has provided the Board sufficient documentation to
show she is physically better now than at the time of her discharge.
Her complete response is at Exhibit E.
_________________________________________________________________
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 an error or injustice. We took notice of the
applicant’s complete submission in judging the merits of the case. In
particular, we note the statement provided by the applicant, which
states at the present time she is capable of doing physical work as
long as it is not part of her daily job requirement. However, while
it appears that she is currently not exhibiting signs of chronic back
pain, the Board agrees with the Air Force office of primary
responsibility that the applicant was properly evaluated while on
active duty and that duties within the Air Force are filled on a need
rather than personal preference or limitations. Therefore, in the
absence of persuasive evidence to the contrary, the Board adopts their
rationale as the basis for the conclusion that the applicant has not
been the victim of an error or injustice and finds no compelling basis
to recommend granting the relief sought in the 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 Docket Number BC-2005-
00165 in Executive Session on 24 May 2005, under the provisions of AFI
36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Ms. Jan Mulligan, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AETC/SGPS, dated 18 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 25 Mar 05.
Exhibit E. Letter, Applicant, dated 22 Apr 05.
MARILYN M. THOMAS
Vice Chair
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