RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02111
INDEX NUMBER: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 5 Jan 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry code, “2Q,” “Personnel medically retired or discharged,”
be changed to a code that will allow his reentry into the service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told when he was discharged that he would be able to return to
the service in the future. He does not have a herniated disc, the
reason he was discharged for.
In support of his appeal, applicant provides a statement from a
civilian doctor indicating the applicant does not have any evidence of
a herniated disc in his lumbar spine.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 29 May 01.
While attending Basic Military Training (BMT), the applicant met a
medical evaluation board (MEB) on 10 Jul 01 and was diagnosed with
mechanical low back pain, which existed prior to service (EPTS). He
was referred to an informal physical evaluation board (IPEB). On 24
Jul 01, the IPEB convened and diagnosed the applicant as having
mechanical low back pain, EPTS without service aggravation,
nonratable. The IPEB recommended the applicant be discharged. On 15
Aug 01, the applicant indicated his agreement with the findings and
recommendation of the IPEB on AF Form 1180, Action on Physical
Evaluation Board Findings and Recommended Disposition. On 21 Aug 01,
the Secretary of the Air Force Personnel Council (SAFPC) directed the
applicant be discharged for physical disability due to a condition
that existed prior to service. The applicant was discharged with an
entry level separation on 24 Aug 01 with an RE code of “2Q.” He was
given credit for 1 month, 26 days of net active service. Additional
facts pertinent to the applicant’s appeal are contained in the
evaluation prepared by the BCMR Medical Consultant found at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. Although the applicant and his orthopedic surgeon report he
has been released to work and has no herniated discs on MRI, his
service medical records document an unprovoked episode of severe,
disabling back pain preventing military duties and indicates a
propensity for recurrence that represents a poor risk for accession
into military service. The BCMR Medical Consultant also noted
concerns on the part of the examining physicians that the applicant’s
back pain may have represented a psychological stress reaction to the
BMT environment, i.e., an adjustment disorder manifesting as the
physical symptom of pain rather than emotional distress. Regardless,
the applicant demonstrated an inability to tolerate routine military
training.
The 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
11 Aug 06 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
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;
however, we agree with the opinion and recommendation of the BCMR
Medical Consultant and adopt his rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. 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 Docket Number BC-2005-
02111 in Executive Session on 20 September 2006, under the provisions
of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Wallace T. Beard, Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jul 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 11 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 11 Aug 06.
MICHAEL J. NOVEL
Panel Chair
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