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AF | BCMR | CY2006 | BC-2005-02111
Original file (BC-2005-02111.doc) Auto-classification: Denied

                       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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