RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01425
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 13 November 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code of 2Q be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There was no evidence supporting that he has had medical problems that
would hinder his military service. Also, he has not experienced any
reoccurrences of the alleged medical problem.
In support of the appeal, applicant submits two letters.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 25 Aug 99. On 10 Jun
03, a Medical Evaluation Board (MEB) refered him to an Informal
Physical Evaluation Board (IPEB). On 12 Aug 03, an IPEB recommended
that he be discharged with severance pay at a 10 percent rating for
his seizure disorder. He did not agree with the IPEB findings and
recommendations and requested a Formal Physical Evaluation Board
(FPEB). On 7 Oct 03, an FPEB sustained the diagnosis of a seizure
disorder and recommended he be discharged with severance pay with a 10
percent rating. He did not agree with the findings and
recommendations of the FPEB and submitted a rebuttal to the Secretary
of the Air Force Personnel Council (SAFPC) requesting that he be found
fit and returned to duty. On 22 Dec 03, the SAFPC upheld both the
IPEB and FPEB recommendations. He was discharged for disability, with
severance pay, on 9 Mar 04 and issued an RE Code of 2Q (approved for a
medical retirement or separation). He served 4 years, 6 months, and
15 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends the application be denied and states, in part,
that a preponderance of the evidence reflects that no error or
injustice occurred during the disability process and at the time of
the applicant’s separation. The RE Code of 2Q correctly identifies
his medical separation.
A complete copy of the AFPC/DPPD 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 2
Jun 06 for review and comment within 30 days. As of this date, this
office has received no response.
Applicant's complete response is attached at Exhibit E.
_________________________________________________________________
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. 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 the rationale expressed as the basis for
our decision that the applicant has failed to sustain his burden that
he has suffered either an error or an injustice. No evidence has been
provided to reflect he was not treated fairly and properly by the Air
Force and all procedures were followed. In view of the above and
absent evidence to the contrary, we find no basis to recommend
granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 12 July 2006, under the provisions of AFI 36-
2603:
Ms. B J White-Olson, Panel Chair
Ms. Debra K. Walker, Member
Ms. Judith B. Oliva, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 May 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 25 May 06.
Exhibit D. Letter, SAF/MRBR, dated 2 Jun 06.
B J WHITE-OLSON
Panel Chair
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