Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2005-01780
Original file (BC-2005-01780.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01780
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  5 DEC 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires to reenlist in the service.  He feels that his  desire  to  serve
his country combined with his leadership skills would be  an  asset  to  the
armed forces.

In support of his request, the applicant provided an  unsigned  letter  from
the University of West Florida, a resume of his  employment  and  education,
and documentation extracted from his military personnel record.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 1 September 1989 the applicant entered active duty.   He  was  disability
retired on 13 November 1995 and on 14 November 1995 he  was  placed  on  the
Temporary Disability Retired List (TDRL).  On 22 June 1998  he  was  removed
from the TDRL and discharged in the grade of senior airman with  entitlement
to severance pay with a 10 percent disability rating.   He  served  6 years,
2 months, and 13 days on active duty.






An AF Form 618, Medical  Board  Report,  dated  29  March  1995  states  the
applicant was diagnosed with  chronic  headaches.   The  Medical  Evaluation
Board referred the applicant to the Physical Evaluation Board (PEB)

An AF Form 356, Findings and Recommended Disposition of USAF  Informal  PEB,
dated  13  July  1995  states  the  applicant  was  diagnosed  with  chronic
headaches,  unresponsive  to  medication,  non-migrainous,  associated  with
psychological factors affecting physical condition with definite social  and
industrial impairment.  He was found unfit because of physical disability.

An AF Form 356, Findings and Recommended Disposition of USAF IPEB, dated  15
April 1998 states the applicant was diagnosed with Category  I  –  unfitting
conditions which  are  compensable  and  ratable:  chronic  headaches,  non-
migrainous.  Category II – conditions that can  be  unfitting  but  are  not
currently compensable or ratable: bipolar.  Category III –  conditions  that
are not separately unfitting and not compensable  or  ratable:   history  of
dependent personality disorder.  He was found unfit for  continued  military
service and it was recommended he be discharged with severance  pay  with  a
10 percent compensable disability rating.  On 26  May  1998,  the  applicant
concurred with the findings and recommendations of the IPEB and  waived  his
right to a formal hearing.

On 2 October 2001, the applicant was advised by AFPC/DPPRSP that  there  was
an error on his DD Form 214, item 27, Reentry  Code  “SQ.”   The  correction
was made administratively to reflect “2Q” and a DD Form 215,  Correction  to
the DD Form 214 was issued to the applicant.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The BCMR Medical  Consultant
states the applicant was disability separated for chronic headaches after  a
period of time on the TDRL.   While  on  the  TDRL  he  manifested  and  was
diagnosed with bipolar disorder requiring hospitalization on two  occasions.
 Now eight years later he reports he is doing well and  requests  change  in
his RE code so that he  may  reenter  military  service.   Members  who  are
disability separated received RE code (2Q) that prevent reenlistment.   Even
though he is currently doing well, the applicant’s history of headaches  and
Bipolar Disorder requiring  hospitalization  is  permanently,  disqualifying
for entry into military due to the risk for recurrent problems.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 June 2006, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and comment 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 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.   After  a  thorough  review  of  the
evidence of record and the applicant’s submission, it is  our  opinion  that
given the circumstances surrounding his separation from the Air  Force,  the
RE code assigned (2Q) was proper and  in  compliance  with  the  appropriate
directives.  The applicant has not provided any evidence  which  would  lead
us to believe otherwise.  Therefore, we agree with  the  Medical  Consultant
and adopt his rational as the basis for our conclusion  that  the  applicant
has not been the victim of  an  error  or  injustice.   In  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 26 July 2006, under the provisions of AFI 36-2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Ms. Renee M. Collier, Member





The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2005-01780 was considered:

   Exhibit A.  DD Form 149, dated 11 Jun 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 20 Jun 06.
   Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 06.




                 JAY H. JORDAN
                 Panel Chair


Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-03817

    Original file (BC-2002-03817.doc) Auto-classification: Denied

    The Findings and Recommended Disposition of the IPEB dated 13 August 2001 found the applicant unfit for duty and recommended he be discharged with severance pay with a 10% disability rating based on the following: Category I - Unfitting Conditions that are compensable and ratable: bipolar disorder associated with post-traumatic stress disorder. The Board found his medical condition for Bipolar Disorder as unfitting for continued military service and recommended he be discharged with...

  • AF | BCMR | CY2006 | BC-2005-00876

    Original file (BC-2005-00876.doc) Auto-classification: Denied

    The AF Forms 356, Findings and Recommended Disposition of USAF Physical Evaluation Board (PEB) be corrected to reflect the same ailments. Her personnel record (SURF) lists her race as “Black/African American.” An AF Form 348, Line of Duty Determination, dated 16 January 2003, states the applicant was called to active duty and deployed to A1 Jaber Air Base, Kuwait and Bagram AAF, Afghanistan in support of Operation Enduring Freedom from 2 April 2002 through 14 July 2002. AF Form 356,...

  • AF | BCMR | CY2004 | BC-2003-03095

    Original file (BC-2003-03095.DOC) Auto-classification: Approved

    On 6 March 2000, the applicant submitted her rebuttal letter to SAFPC requesting a disability retirement, with a compensable disability rating of 40 percent. _________________________________________________________________ AIR FORCE EVALUATIONS: The BCMR Medical Consultant summarized the information contained in the applicant’s personnel and medical records and is of the opinion that the preponderance of the evidence of the record supports a disability rating of 20 percent. A complete...

  • AF | BCMR | CY2006 | BC-2005-00308

    Original file (BC-2005-00308.doc) Auto-classification: Denied

    In support of his application, applicant provided a personal letter, and copies of his medical records. On 12 July 2004, the Informal Physical Evaluation Board (IPEB) concluded that no single problem was individually unfitting but that combined, the applicant's chronic neck pain secondary to degenerative disk disease associated with vagal response syncopal episodes, right upper extremity paresthesias, migraine headaches and mood disorder were unfitting for continued military service. ...

  • AF | BCMR | CY2006 | BC-2006-00063

    Original file (BC-2006-00063.doc) Auto-classification: Denied

    The board recommended the applicant’s case be referred to the Informal Physical Evaluation Board (IPEB). He further offers that this category of retired reserve exists because other services still recognize and use that specific terminology in their regulations when transferring reservists within that service. Effective 1 January 1998, the Air Force Reserve eliminated the Honorary Retired Reserve category.

  • AF | BCMR | CY2012 | BC-2012-02083

    Original file (BC-2012-02083.txt) Auto-classification: Denied

    In support of his request, the applicant provided copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, DVA rating/decision letter, evaluation boards’ findings, and MEB summary and medical records. The fact that a person may have a medical condition does not mean that the condition is unfitting for continued military service. The complete AFPC/DPPD evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF...

  • AF | BCMR | CY2003 | BC-2001-02018

    Original file (BC-2001-02018.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02018 INDEX CODE: 136.00 COUNSEL: ANTHONY W. WALLUK HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to show she was not discharged with severance pay but was permanently retired because of physical disability with a minimal combined compensable rating of 50% but more appropriately 70%. A complete...

  • AF | BCMR | CY2011 | BC-2011-02259

    Original file (BC-2011-02259.txt) Auto-classification: Approved

    The complete DPSD evaluation is at Exhibit C. The BCMR Medical Consultant recommends the administrative adjustment of the applicant's AF Form 356, Findings and Recommended Disposition of the USAF Physical Evaluation Board, to reflect his thyroid condition was considered by the IPEB, but with denial of its inclusion as an unfitting condition in the military disability rating computation; neither initially or at the time of his removal from the TDRL. The complete BCMR Medical Consultant’s...

  • AF | BCMR | CY2009 | BC 2009 02357

    Original file (BC 2009 02357.txt) Auto-classification: Approved

    Nevertheless, she should have been rated for PTSD and migraine headaches in addition to her 40 percent rating for Fibromyalgia. The applicant’s complete submission, with attachment, is at Exhibit F. AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends consideration for restoring the applicant’s ten percent disability rating for her migraine headaches, such that when combined with the 20 percent rating for her fibromyalgia, a combined disability rating of 30 percent would be...

  • AF | PDBR | CY2014 | PD-2014-01774

    Original file (PD-2014-01774.rtf) Auto-classification: Denied

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the VASRD standards to the unfitting medical condition at the time of separation. All Board members agreed that the NARSUM examination 6 weeks prior to TDRL entry did not support any §4.71a criteria greater than 10% impairment level; and, therefore, recommends no change from the PEB’s 10% impairment rating entering into TDRL.The Board next considered...