RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01203
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 4K (Medically disqualified for continued service, or the
airman is pending evaluation by a Medical Evaluation
Board/Physical Evaluation Board (MEB/PEB)) reentry (RE) code be
changed to allow him to reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not realize his RE code would not allow him to reenlist.
He desires to enlist into the National Guard in order to serve
his state and country.
In support of his request, applicant provides a copy of his DD
Form 215, Correction to DD Form 214, a copy of a letter from
AFPC/DPPRY, and a copy of his DD Form 214, Certificate of Release
or Discharge from Active Duty.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 3 May 95. He
served in the grade of senior airman (E-4), having assumed that
grade effective and with a date of rank of 3 May 98. On 9 Apr
99, the applicant was referred to an Informal Physical Evaluation
Board (IPEB) for epilepsy which was incurred while on active
duty. On 20 Apr 99, he met the IPEB for a seizure disorder, he
was found unfit for duty and recommended for discharge with
severance pay at a 10 percent disability rating. The applicant
agreed to the findings of the IPEB and waived his right to a
formal PEB hearing. On 2 Jul 99, he was honorably discharged
with severance pay. He served on active duty for 4 years and
2 months.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states that there is no
evidence to support his request. DPSOA notes a waiver of the
2Q RE code would be more appropriate than changing the
applicants DD Form 214. The DD Form 214 reflects the status of
the applicant at the time of his discharge and is not to be
changed after the discharge effective date.
The DPSOA complete evaluation is at Exhibit C.
AFPC/DPSD recommends denial. DPSD states the applicants RE code
should have been reflected as 2Q versus 4K at the time of his
discharge. DPSD amended the DD Form 214 and his records now
reflect the correct RE code; the 2Q RE code is the right code
for personnel who are medically retired or separated from the Air
Force.
The DPSD complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 12 Aug 09 for review and comment within 30 days. As
of this date, this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We note
AFPC/DPSD has verified and amended the applicants DD Form 214 to
reflect the RE code appropriate at the time of his discharge.
However, other than what has already been corrected, we see no
evidence of an error or injustice that would warrant a change in
his RE code. Therefore, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an error
or injustice. Accordingly, in the absence of 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 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 AFBCMR Docket
Number BC-2009-01203 in Executive Session on 3 Nov 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Mar 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 7 May 09.
Exhibit D. Letter, AFPC/DPSD, dated 2 Jun 09.
Exhibit E. Letter, SAF/MRBR, dated 12 Aug 09.
Panel Chair
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