RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00407
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 a code that would allow him to
reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he can be still an effective member of the Armed
Forces as evident by the recommendations by his commander and
flight surgeon. The recommendations stated that the best outcome
would be for him to remain in the Air Force and retrain into
another career field. His initial Medical Evaluation Board (MEB)
report stated that his condition was not permanently aggravated
by service. He believes he was a victim of massive budget cuts.
In support of his request, the applicant provides 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 12 July 2005.
A Medical Evaluation Board (MEB) convened and referred his case
to an Informal Physical Evaluation Board (IPEB) with a diagnosis
of panic disorder without agoraphobia. On 1 April 2008, the IPEB
found him unfit for further military service and recommended
discharge with severance pay with a disability rating of 10%.
The applicant agreed with the findings and recommended
disposition of the IPEB. On 9 April 2008, the Office of the
Secretary of the Air Force directed the applicant be separated
from active service for physical disability. He was honorably
discharged on 19 May 2008. He served 2 years, 10 months and
8 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states it is not in the
purview of the IPEB to recommend cross training as part of their
adjudication. The correct RE code for a person who is approved
for a medical retirement or separation is 2Q. The applicants
current DD Form 214, Certificate of Release or Discharge from
Active Duty, reflects the correct RE code of 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.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided a DD Form 149, Application for Correction
of Military Record Under the Provisions of Title 10, U.S. Code,
Section 1552, dated 15 June 2010, and states his RE code
according to his discharge orders should reflect 4K (Medically
disqualified for continued service, or the airman is pending
evaluation by MEB/PEB) rather than 2Q.
The applicants complete response, with attachments, is at
Exhibit E.
_________________________________________________________________
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 note, at the
time members separate from the Air Force, they are furnished an
RE code predicated upon the quality and the circumstances of
their separation. The applicants RE code of 2Q accurately
reflects his disability discharge with severance pay. Therefore,
after a thorough review of the evidence of record, we believe
that given the circumstances surrounding the applicants
separation, the RE code issued was in accordance with the
governing instruction. We note the applicants reference to AF
IMT 100, Request and Authorization for Separation, which reflects
an RE code of 4K however, this form is a preliminary form used
prior to the publication of the DD Form 214 which is the official
certificate of release or discharge. In view of the above, we
find no basis to recommend granting the relief sought in this
portion of the 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-2010-00407 in Executive Session on 19 August 2010,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00407 was considered:
Exhibit A. DD Form 149, dated 28 January 2010, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 23 February 2010.
Exhibit D. Letter, SAF/MRBR, dated 19 March 2010.
Exhibit E. DD Form 149, dated 15 June 2010, w/atchs.
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