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AF | BCMR | CY2008 | BC-2007-03444
Original file (BC-2007-03444.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-03444
            INDEX CODE:  110.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of “2Q” be changed to one that  would
allow him to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His medical situation has been corrected.  The discharge code is  preventing
his return to service.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 12 Aug 98 as  an  aircraft  electronic  and
environmental systems journeyman.  He began suffering  from  a  degenerative
back condition and was unable to perform  normal  daily  activities  due  to
pain and medication.

The applicant was referred to the Informal Physical Evaluation Board  (IPEB)
on 4 Feb 05, for chronic lower  back  pain  associated  with  disc  disease,
status post lumbar facet denervation.  The IPEB recommended  discharge  with
severance pay with a disability rating of 10 percent.  The member  requested
a hearing with the Formal Physical Evaluation Board (FPEB).  On 18  Mar  05,
member met the Board with legal counsel.   The  FPEB  recommended  discharge
with severance pay with a disability rating of 20 percent.  Member  rebutted
the findings to the Secretary of the Air  Force  Personnel  Council  (SAFPC)
requesting permanent disability retirement  with  a  40  percent  disability
rating.  The SAFPC reviewed the findings of both Boards and  concurred  with
the recommendation of the FPEB for discharge with  severance  pay  at  a  20
percent disability rating.  SAFPC noted they found no  evidence  to  justify
overturning the decision of the  FPEB.   They  also  noted  member’s  normal
lower extremity  sensory-motor  function,  bilateral  negative  straight-leg
raise test, symmetrical  deep  tendon  reflexes,  and  normal  “coordinated”
gait.  A message was sent which established the discharge  date  of  18  Jul
05.  Member served 6 years,  11  months,  and  7  days  of  active  military
service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends denial.   The  preponderance  of  evidence  reflects
that no error or injustice occurred during the disability process or at  the
time of separation.  DPPD stated 2Q is the correct reenlistment  eligibility
status code for a person who  was  approved  for  a  medical  retirement  or
separation.

The DPPD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 Nov 07, a copy of  the  Air  Force  evaluation  was  forwarded  to  the
applicant 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 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  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not  been  the  victim  of  an  error  or  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.

_________________________________________________________________

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-2007-
03444 in Executive Session on 16 Jan 08, under the  provisions  of  AFI  36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Patricia R. Collins, Member
      Ms. Audrey Y. Davis, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
03444 was considered:

    Exhibit A.  DD Form 149, dated 29 Sep 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSD, dated 1 Nov 07.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Nov 07.




                                             CHARLENE M. BRADLEY
                                             Panel Chair

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