RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00184
                       INDEX CODE:  110.00
                       COUNSEL:  NONE
                       HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect the Informal  Physical  Evaluation
Board (IPEB) determination that he was fit for duty be changed and  he
be afforded the  benefits  given  to  military  members  involuntarily
separated through the Disability Evaluation System (DES);  or  in  the
alternative, he be reinstated into an active component.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The IPEB’s erroneous finding that  he  was  fit  for  duty  began  the
sequence of events that led to his  being  administratively  separated
from the Air National Guard (ANG) after he was physically disqualified
for worldwide duty.

In support of his appeal,  applicant  submitted  copies  of  documents
extracted from his Department of Veterans (DVA)  and  service  medical
records, his military personnel records and e-mail communiqué.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant underwent a Medical Evaluation Board (MEB) on 30 Sep 04.
 The MEB referred his case to the IPEB.  On 8 Nov 04, the  IPEB  found
him fit for duty and recommended his return to duty.

In  December  2004,  NGB/SG  determined  he  was  not  qualified  for
worldwide duty and he was notified by the California ANG that he  was
being  processed  for  discharge  in  accordance   with   Air   Force
Instruction 36-3209.

The applicant was honorably discharged on 1 Oct 06 from the  ANG.   He
was credited with 13 years, 11 months and 5 days of service for pay.

The  remaining  relevant  facts  pertaining  to   this   application,
extracted from the applicant's military records, are contained in the
letter prepared by the appropriate offices of the Air Force  (Exhibit
B, C, and D).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends the requested relief be denied.  DPPD states
by law, a member may appeal a recommended disposition  if  they  are
found unfit and are being involuntarily  separated  or  retired  for
disability; however, this is not true for members found fit.  If the
hospital commander believes there was additional compelling  medical
documentation, he could have requested a  “special  review”  of  the
IPEB determination.

The AFPC/DPPD complete evaluation is at Exhibit B.

HQ AFPC/JA recommends the requested relief  be  denied.   JA  states
there is no equitable basis to change the  IPEB's  findings  in  the
applicant’s case.  JA further states  HQ  ARPC  is  responsible  for
interpreting  and  administering  AFI  36-3209  and  the  issue  the
applicant raised regarding the propriety  of  his  separation.   The
IPEB’s fitness determinations are  final.   Active  duty  and  Ready
Reserve members determined to be fit do not have an entitlement to a
Formal PEB since  a  finding  of  fit  does  not  cause  involuntary
separation for physical disability.

The complete AFPC/JA evaluation is at Exhibit C.

NGB/A1POF states they cannot make a recommendation to grant changing
the IPEB's determination.  The applicant’s unit followed appropriate
separation and discharge procedures, once he was  determined  to  be
not qualified for worldwide duty.

The complete NGB/A1POF evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations and states the IPEB
erred in  making  its  determination  without  the  benefit  of  the
ANG/SG’s advice on whether or not the condition in question rendered
him non-worldwide deployable (Exhibit F).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by  existing
law or regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been presented to  demonstrate
the existence of an injustice.  Although we  find  no  error  in  the
determination of the IPEB and the decision of the ANG to separate him
once he was determined to be not qualified  for  worldwide  duty,  we
believe an injustice exists in this case.   In  this  regard,  noting
that the IPEB found him fit  for  duty,  his  outstanding  record  of
performance for over 13 years, and that considerable effort was  made
to retain him, but that he was not retained due to the elimination of
non-deployable positions, we believe the applicant should be  allowed
an opportunity to reenlist and serve on active duty.  His ability  to
serve on active duty of course will be determined by the needs of the
service  and  his  ability  to  meet   enlistment   standards.    Our
recommendation in no way is meant as a  guarantee  that  he  will  be
allowed to return to active service.   Therefore,  we  recommend  his
records be corrected as indicated below.

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  issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that his NGB Form 22, Report
of Separation and Record  of  Service,  effective  1  October  2006  be
amended in Item  26  (Reenlistment  Eligibility)  to  read  “Eligible,”
rather than “Ineligible.”

_________________________________________________________________

The following members of the Board considered AFBCMR  Docket  Number
BC-2007-00184 in Executive Session on 8 Nov 07  under the provisions
of AFI 36-2603:

                       Mr. Laurence M. Groner, Panel Chair
                       Mr. Reginald P. Howard, Member
                       Ms. Teri G. Spoutz, Member

All members voted to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to AFBCMR Docket Number BC-
2007-00184 was considered:

   Exhibit A.  DD Form 149, dated 12 Jan 07, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPD, 8 Feb 07.
   Exhibit C.  Letter, HQ AFPC/JA, dated 13 Mar 07, w/atch.
   Exhibit D.  Letter, NGB/A1POF, dated 27 Jul 07.
   Exhibit E.  Letter, SAF/MRBR, dated 3 Aug 07.
   Exhibit F.  Letter, Applicant, dated 29 Aug 07.




                                        LAURENCE M.GRONER
                                        Panel Chair







AFBCMR BC-2007-00184



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                   , be corrected to show that his
NGB Form 22, Report of Separation and Record of Service, effective 1
October 2006 be amended in Item 26 (Reenlistment Eligibility) to read
“Eligible,” rather than “Ineligible.”




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency