RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02995
INDEX CODE: 108.00
XXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 March 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment code be changed from “2Q” to a waiverable code of “3A.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was erroneously evaluated by a medical board and discharged under the
pretense that it was necessary for reclassification. The medical condition
for which he was discharged no longer persists and is not a permanent
condition as decided by the medical board.
In support of his application, the applicant provides a personal statement;
a Fit-For-Duty Evaluation Summary; copies of service medical and personnel
records; and information papers on Disability Evaluation System Issues and
Correction of Military Records. The applicant’s complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 31 October 2001, the applicant enlisted in the Regular Air Force at the
age of 35 in the grade of staff sergeant (E-5) for a period of four years
with eight years of prior active duty military experience in the Army. He
entered the Air Force as a general purpose vehicle mechanic. Approximately
six months after entering the Air Force, the applicant presented for care
of chronic recurrent back and knee pain requesting cross-training into a
less strenuous career field. The applicant was referred for disability
evaluation and referred to a Medical Evaluation Board (MEB)
The MEB narrative summary, dated 23 July 2003, concluded the applicant’s
knee pain was incompatible with his current job but suggested retraining
into a less strenuous career field. The MEB summary stated the applicant
was not mobility qualified to remote area or hostile areas where knee
pain/injury could inhibit safety of member or fellow airmen. A commander’s
letter, required as part of the disability evaluations, dated 3 September
2003, indicated the applicant had missed considerable time from work due to
medical appointments and utilization was severely limited by medical duty
restrictions.
On 18 September 2003, the Informal Physical Evaluation Board (IPEB) found
the applicant unfit for continued military duty and recommended discharge
with severance pay. The applicant appealed to the Formal Physical
Evaluation Board (FPEB) for return to duty with cross-training into another
less strenuous career field. On 18 November 2003, the FPEB concurred with
the IPEB noting his physical restrictions and contention for retention in a
less strenuous career field. The applicant disagreed with the FPEB and
appealed to the Secretary of the Air Force Personnel Council (SAFPC). On 3
February 2004, SAF/PC determined that the applicant was physically unfit
for continued military service and directed he be discharged with severance
pay under the provisions of Title 10, United States Code, Section 1203.
The applicant was separated with an honorable discharge effective 2 April
2004 with a separation code of JFL (disability severance pay) and a reentry
code of 2Q (personnel medically retired or discharged). He had served 2
years, 2 months and 19 days on active duty in the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant is of the opinion that no change in the
applicant’s records is warranted. The BCMR Medical Consultant states the
evidence of record shows the applicant was properly referred and processed
through the Air Force Disability System resulting in discharge with
severance pay. Although he desired to be retained and cross-trained into a
less strenuous career field, this is not an entitlement and is based on the
needs of the Air Force at the time the member is being processed. Although
the Air Force has jobs that are less strenuous than a general purpose
vehicle mechanic, members in these positions are expected to deploy in
support military operations and are tasked with physically strenuous tasks
associated with deployments. It is not in the best interest of the Air
Force to retain members who cannot fulfill the full purpose of their
military occupations when doing so impairs accomplishments of the mission
and shifts the burden of military deployments and extra taskings to other
members. The applicant did not posses any unique skills or abilities that
indicate retention with medical limitations that would serve the needs or
best interests of the Air Force.
It is the opinion of the BCMR Medical Consultant that action and
disposition in this case were proper and equitable reflecting compliance
with Air Force directives that implement the law. The BCMR 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 the applicant on 16
September 2005 for review and response within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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 an error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case and do not find that
it supports a determination that the applicant’s discharge from the Air
Force with entitlement to disability severance pay was in error or unjust.
Applicant’s contentions are duly noted; however, we believe the detailed
comments provided by the BCMR Medical Consultant accurately address his
allegations. In view of this finding, we agree with the opinions and
recommendation of the BCMR Medical Consultant and we adopt his rationale as
a basis for our conclusion that the applicant has not been the victim of
either an error or an injustice. In the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this appeal.
_________________________________________________________________
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 this application in Executive
Session on 17 November 2005, under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Kathleen B. O’Sullivan, Member
Ms. LeLoy W. Cottrell, Member
The following documentary evidence for AFBCMR Docket Number
BC-2004-02995 was considered:
Exhibit A. DD Form 149, dated 15 Sep 04, with attachments.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 14 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 16 Sep 05.
JAMES W. RUSSELL III
Panel Chair
AF | BCMR | CY2008 | BC-2008-00407
His medical condition at the time of his discharge has been completely resolved. Five months following surgical treatment, he reported a return of pain to its pre- operative severity level; with particular difficulty climbing stairs, with no pain when at rest. _________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of his...
AF | BCMR | CY2004 | BC-2003-03437
The MEB recommended she be continued on active duty and referred her records to the IPEB for evaluation. The BCMR Medical Consultant’s evaluation is at Exhibit C. AFPC/DPPD recommends denial of the applicant’s request. The DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In her response to the Air Force evaluations, the applicant stated she is very bothered by the Air Force advisories.
AF | BCMR | CY2010 | BC-2010-01148
The applicant disagreed with the findings and requested a Formal Physical Evaluation Board (FPEB) hearing of her case. The remaining relevant facts pertaining to this application are contained in the letter prepared by the BCMR Medical Consultant, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The Department of Defense Instruction 1332.38, paragraphs E3.P3.3.3 and...
AF | BCMR | CY2003 | BC-2002-02835
When a medical condition results in physical profile limitations for one year, a medical board is required to determine whether the Air Force member is fit for duty. However, her enlistment contract specifically stated that she would not be eligible for cross training into another specialty until she completed 59 months on active duty. The complete evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies...
AF | BCMR | CY2004 | BC-2003-02028
_________________________________________________________________ APPLICANT CONTENDS THAT: He was medically separated from the Air Force as a result of chronic left shoulder pain. _________________________________________________________________ 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...
AF | BCMR | CY2005 | BC-2004-02531
On 7 April 2003, officials within the office of the Secretary of the Air Force determined the applicant was physically unfit for continued military service due to a physical disability which existed prior to military service and directed discharge without disability benefits. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 10 August 2005, under the provisions of AFI 36- 2603: Mr. Michael...
AF | BCMR | CY2009 | BC-2009-00797
In the clinical history taken in conjunction with her MEB, the applicant reported experiencing shortness of breath as a child, which was relieved by taking inhalers one time, although not formally diagnosed with asthma. The complete BCMR Medical Consultants 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 11 Sep 09 for review and...
AF | BCMR | CY2004 | BC-2003-03487
The IPEB recommended the applicant be discharged with severance pay with a disability rating of 20%; because of his unfitting, ratable, and compensable condition; in accordance with DoD and Veterans Administration Schedule for Rating Disabilities (VASRD) guidelines. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant is of the opinion that no change in the applicant’s records is warranted. The BCMR Medical Consultant’s...
AF | BCMR | CY2004 | BC-2003-03024
On 20 August 2002, a psychiatrist diagnosed him with Obsessive-Compulsive Disorder and referred him to a Medical Evaluation Board (MEB). _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends the application be denied and states, in part, that applicant’s service medical records clearly show the condition existed prior to military service having onset in childhood. We took notice of the applicant's complete submission...
AF | BCMR | CY2003 | BC-2002-01515
On 19 Dec 00, the Secretary of the Air Force directed that the applicant be separated from active service for Physical Disability with severance pay. Thus, there is no evidence provided that his condition of excessive sun sensitivity has actually improved. The complete evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 15 Nov 02 for...