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AF | BCMR | CY2006 | BC-2005-03950
Original file (BC-2005-03950.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-03950
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  30 JUNE 2007


________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be upgraded.

________________________________________________________________

APPLICANT CONTENDS THAT:

The RE code he received  upon  his  separation  is  unjust  because  he  was
separated honorably under the Air Force’s Reshaping Program.

His discharge  was  due  to  his  failure  to  maintain  military  body  fat
standards.  His failure to maintain military body fat standards was  due  to
an injury he received  on  8 October  2002,  which  developed  into  plantar
fasciitis and was very  painful.   The  constant  pain  prevented  him  from
exercising regularly.  The injury has  been  recognized  and  rated  by  the
Department of Veterans Affairs (DVA).  He hopes  to  again  be  healthy  and
possibly reenlist in some branch of the armed forces.

In support of the appeal, applicant submits an extract  from  a  DVA  rating
decision.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  29
April 2002.  On 22 April 2004, he was notified of the commander’s intent  to
submit him for mandatory involuntary separation under the  Air  Force  Chief
of  Staff’s  Force-Shaping  Initiative  based  on  negative  quality   force
indicators present in his record and his supervisor’s  recommendations.   He
was honorably discharged on 19 August 2004, under the provisions of AFI  36-
3208 (Completion of Required Active Service), and issued an RE code  of  “4I
– Serving on Control Roster.”

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied and states,  in  part,  that
while the DVA determined applicant’s plantar fasciitis of the left foot  was
related to military service, they found no service  connection  for  obesity
as secondary to the service-connected disability of plantar  fasciitis.   It
was incumbent on the applicant to maintain fitness  while  on  active  duty,
regardless of the DVA rating received after his discharge.  However, if  the
Board decides to grant relief, he  should  provide  documentation  from  the
enlisting service  that  he  meets  current  enlistment  standards  and  the
enlisting service cannot waive the current RE code before  directing  an  RE
code of “3K – Reserved for use by HQ AFPC or the AFBCMR  when  no  other  RE
code applies or is appropriate.”

The AFPC/DPPAE evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation, with attachments, was  forwarded  to  the
applicant on 27 January 2006,  for  review  and  comment,  within  30  days.
However, as of this date, no response has been received by this office.

________________________________________________________________

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 error or injustice.  Applicant’s contentions  are  duly  noted;
however, we are not persuaded that his failure  to  maintain  military  body
fat standards was due to an injury he received while on active  duty,  which
developed into plantar fasciitis of his left  foot.   In  this  respect,  we
note that although the Department of Veterans Affairs (DVA)  awarded  him  a
compensable disability rating  of  10%  for  moderate  symptoms  of  plantar
fasciitis, they determined his obesity  was  not  related  to  his  military
service and was not  secondary  to  plantar  fasciitis.   After  a  thorough
review of the  evidence  of  record,  we  believe  the  RE  code  accurately
identifies the circumstances surrounding his separation and  was  issued  in
accordance with the appropriate directives.  Further, we note that  although
the RE code renders him ineligible for immediate reenlistment, it is a  code
that can be waived for prior service enlistment consideration,  provided  he
meets all other requirements for enlistment under an existing prior  service
program.  Therefore, we find no basis  upon  which  to  recommend  favorable
action on 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-2005-03950
in Executive Session on 2 March 2006, under the provisions of AFI 36-2603:

                       Ms. Marilyn M. Thomas, Vice Chair
                       Mr. James L. Sommer, Member
                       Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Dec 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 12 Jan 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 06.




                                   MARILYN M. THOMAS
                                   Vice Chair

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