ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01708
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed to a code that would
allow him to reenlist in the service.
_________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on 24 October 2006.
For an accounting of the facts and circumstances surrounding the
applicant’s discharge and the rationale of the earlier decision by the
Board, see the Record of Proceedings at Exhibit E.
In an application dated 18 October 2007, the applicant requests
reconsideration. He states he has had no problem with his knee since
discharge from the Air Force. He believes he was either misdiagnosed in
1999 or the knee problem no longer exists. The applicant’s complete
submission, with attachments is at Exhibit F.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant states that he does not share the long-term
optimism expressed by the applicant’s orthopedic surgeon regarding the
applicant’s future knee functioning. However, given the time that has
transpired since the applicant’s initial discharge and the fact that he
reportedly has no symptoms and discernable radiographic pathology or
functional impairment, the AFBCMR Medical Consultant recommends an upgrade
(waiver consideration) of the applicant’s RE code to allow his entry to
military service. However, the applicant’s qualifications will ultimately
depend upon the physical assessment by appropriate medical entrance in-
processing authorities. Additionally, if the applicant experiences a
recurrence of pain, in short order following minimal activities, which
prevents him from performing his military duties, the record should reflect
that the applicant indeed had a medical condition that existed prior to
service. The question then would be to determine whether there has been
permanent service-aggravation of his medical condition.
The AFBCMR Medical Consultant states there are a broad range of possible
responses to knee ailments across the spectrum of human experience. For
example, given two individuals with identical knee pathology, one might
present with acute debilitating pain, while the other reports little
impairment and wishes to be returned to duty. Thus, factors such as
motivation and demonstrated performance must be considered when determining
fitness for duty in such cases. In the case under review, the applicant is
clearly motivated to serve and his orthopedic surgeon finds him capable of
performing any physical activity involving military service. Thus, it is
reasonable to consider allowing the applicant the opportunity to serve
again.
The complete AFBCMR Medical Consultant’s evaluation is at Exhibit G.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 December 2007, the evaluation was forwarded to the applicant for
review and comment within 30 days (Exhibit H). As of this date, this
office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. While the RE code assigned to the
applicant, at the time, was technically correct and in accordance with the
applicable regulation, we believe it would be an injustice for the
applicant to continue to suffer its effects. The AFBCMR Medical Consultant
recommends changing the RE code to a waiverable code, and we believe that
the applicant should be afforded the opportunity to apply for a waiver to
enlist in the armed services. Whether or not he is successful will depend
on the needs of the service and whether or not he is able to meet physical
standards. Our recommendation in no way guarantees that he will be allowed
to return to the Air Force or any branch of the service. Accordingly, we
recommend his records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that at the time of his discharge on 6
April 1999, his reentry code was 3K.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2006-
01708 in Executive Session on 6 August 2008, under the provisions of AFI 36-
2603:
Mr. Jay H. Jordan, Panel Chair
Ms. Josephine L. Davis, Member
Mr. Alan A. Blomgren, Member
All members voted to correct the records as recommended. The following
documentary evidence pertaining to was considered:
Exhibit E. Record of Proceedings, dated 14 November 2006,
w/atchs.
Exhibit F. DD Form 149, dated 18 October 2007, w/atchs.
Exhibit G. Letter, AFBCMR Medical Consultant, dated
17 December 2007.
Exhibit H. Letter, SAF/MRBR, dated 21 December 2007.
JAY H. JORDAN
Panel Chair
AFBCMR BC-2006-01708
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to XXX be corrected to show that at the time of his discharge on
6 April 1999, his reentry code was 3K.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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