RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00092
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2Q (Personnel medically retired or
discharged) be changed to RE code 1Q (Eligible to reenlist,
career airmen with more than 20 years TAFMS, selected by the
commander under the SRP, and either 13 months or less remain
before original ETS, or the airmen are serving on an extension of
enlistment (dont separate airmen with this RE code)) or to a
code that would allow him to reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his lower back injury, Air Force doctors chose to
put his results forward for a medical board without allowing him
sufficient time to heal. After the package was submitted, the
physical therapy began easing the pain. Before he was discharged
pending the medical evaluation board, his pain settled to around
a two on the 1-10 scale. His pain is now at a zero, five months
after discharge. If his case is approved, he understands that he
would be obligated to refund the severance pay he received.
In support of his request, the applicant provides a personal
statement and documents extracted from his military personnel
records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 26 April 2000.
A Medical Evaluation Board (MEB) convened on 15 January 2009 and
referred his case to an Informal Physical Evaluation Board (IPEB)
with a diagnosis of Degenerative Disk Disease with chronic low
back pain. On 6 May 2009, the IPEB found him unfit for further
military service and recommended discharge with severance pay
with a disability rating of 20%. The applicant agreed with the
findings and recommended disposition of the IPEB. On 5 June
2009, the Office of the Secretary of the Air Force directed the
applicant be separated from active service for physical
disability. He served 9 years, 3 months and 29 days on active
duty with 3 years, 11 months and 18 days of Foreign service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states the correct RE code for
a person who is approved for a medical retirement or separation
is 2Q. The preponderance of evidence reflects that no error or
injustice occurred during the disability process or at time of
separation.
The DPSD complete evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states the applicant is
questioning his discharge processing based on his pain now being
at 0 (5 months after discharge). The applicant concurred with
the IPEBs findings and chose not to appeal their decision. The
RE code is correct based on the SAF directed discharge for
physical disability with severance pay.
The DPSOA complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 June 2010, copies of the Air Force evaluations were
forwarded to the applicant for review and comment within 30 days
(Exhibit E). 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After a
thorough review of the evidence of record, it is our opinion that
given the circumstances surrounding his separation from the Air
Force, the RE code assigned was proper and in compliance with the
appropriate instructions. In addition, the applicant has not
provided any evidence which would lead us to believe that a
change to his RE code to allow him to reenlist is warranted.
Therefore, we agree with the opinion and the recommendation of
the Air Force offices of primary responsibility and adopt their
rationale as the basis for our conclusion the applicant has
failed to sustain his burden of proof of the existence of an
error or injustice. Therefore, 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 issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2010-00092 in Executive Session on 21 September 2010,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00092 was considered:
Exhibit A. DD Form 149, dated 7 January 2010, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 24 February 2010.
Exhibit D. Letter, AFPC/DPSOA, dated 9 April 2010.
Exhibit E. Letter, SAF/MRBR, dated 11 June 2010.
Panel Chair
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