RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00936
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 2Q (Personnel
Medically Retired or Discharged) be changed to a code that
reflects his current medical condition, allowing him to be
eligible to reenlist.
________________________________________________________________
APPLICANT CONTENDS THAT:
The code became a matter of record without his review or
signature. His future status was not considered in choosing
this code. Prior to separation he was briefed that he could
obtain medical care to treat his injuries and eventually return
to active duty. He has pursued such treatment through the
Department of Veterans Affairs (DVA) and his condition is
resolved, allowing his return to active duty without
restrictions.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, a statement from his civilian employer, and correspondence
from the DVA and his Congressman.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicants military personnel records indicate he enlisted in
the Regular Air Force on 2 Oct 96 for a period of four years.
He was progressively promoted to the grade of staff sergeant
(E-5), effective and with a date of rank of 1 Feb 02.
On 23 Nov 05, a Medical Evaluation Board (MEB) found the
applicant unfit for continued military service for right wrist
pain associated with carpal instability and referred him to the
Informal Physical Evaluation Board (IPEB).
On 12 Dec 05, the IPEB recommended discharge with severance pay
and a disability rating of 0%.
On 22 Dec 05, the applicant requested a hearing with the Formal
Physical Evaluation Board (FPEB), but subsequently waived his
right to the hearing, accepting the findings of the IPEB on
13 Feb 06.
On 22 Feb 06, the Secretary of the Air Force directed the
applicants separation for physical disability.
On 24 Apr 06, the applicant was furnished an honorable discharge
for physical disability and assigned an RE code of 2Q. He was
credited with 9 years, 6 months, and 23 days of total active
service and received $48,042.00 in Disability Severance Pay.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C, D and F.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial, indicating the 2Q RE Code is
appropriate for this type of separation and notes that no
procedural error or injustice occurred.
A complete copy of the AFPC/DPSD evaluation is at Exhibit C.
AFPC/DPSOA recommends denial, indicating the 2Q RE code is
intended to reflect the applicants status at the time of
separation and is not intended to capture any subsequent change.
They also indicate a waiver of the 2Q RE Code to reenter the
military would be more appropriate than changing his
DD Form 214.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
26 Jun 09 for review and response within 30 days. As of this
date, no response has been received by this office (Exhibit E).
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends granting the relief
requested to allow the applicant to apply for re-entry to active
military status. While there is no evidence the applicant
suffered an error or injustice during the IPEB determination and
subsequent discharge process, the Medical Consultant believes
that giving him the opportunity to serve once again is the right
thing to do given his apparent recovery and demonstrated ability
to perform his civilian aircraft maintenance duties. While the
Medical Consultant would have preferred a descriptive assessment
of the applicants actual wrist functioning (e.g., grip
strength, wrist range of motion, and joint stability), he
indicates the applicant would be subjected to physical
assessments during standard medical in-processing and likely
require a waiver from HQ USAF/SG or HQ AETC/SGP prior to being
accessed onto active duty.
A complete copy of the BCMR Medical Consultants evaluation is
at Exhibit F.
________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the BCMR Medical Consultant evaluation was forwarded
to applicant on 6 Oct 09 for review and response within 30 days.
As of this date, no response has been received by this office
(Exhibit G).
________________________________________________________________
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 error or injustice warranting a
change to the applicants RE code. We find no evidence of an
error on the part of the Air Force in carrying out the IPEB and
the applicants subsequent disability separation, including the
assignment of the 2Q RE code. However, we do believe the
applicants apparent recovery and demonstrated ability to
function in his civilian aircraft maintenance duties warrant
allowing him the opportunity to apply for reenlistment in the
Air Force, provided he meets all other requirements. We note
the applicants efforts to reenlist will result in recoupment of
the disability separation pay he received in conjunction with
his separation if he is successful. Taking the above into
consideration as well as the number of years he has honorably
served, it is our opinion his records should be corrected as
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that his
Reenlistment Eligibility (RE) Code issued in conjunction with
his honorable discharge on 24 April 2006 was 3K.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2009-00936 in Executive Session on 3 Dec 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Feb 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 7 Apr 09.
Exhibit D. Letter, AFPC/DPSOA, dated 7 May 09.
Exhibit E. Letter, SAF/MRBR, dated 26 Jun 09.
Exhibit F. Letter, BCMR Medical Consultant, dated 2 Oct 09.
Exhibit G. Letter, SAF/MRBR, dated 6 Oct 09.
Panel Chair
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