RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00694
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
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 was misled during his separation process as to his
eligibility to reenlist.
In support of his request, the applicant provides personal
statements and a copy of his DD Form 214, Certificate of Release
or Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 2 May 2006.
During Basic Military Training (BMT) on 7 May 2006, the applicant
fell while marching and started to feel pain in his right elbow.
He was medically treated and placed on medical hold on 8 May
2006. He was later diagnosed with a radial head fracture.
A Medical Evaluation Board (MEB) convened on 1 August 2006 and
referred his case to an Informal Physical Evaluation Board (IPEB)
with a diagnosis of right radial head fracture. On 18 August
2006, the IPEB found him unfit for further military service and
recommended discharge with severance pay. The applicant agreed
with the findings and recommended disposition of the IPEB. On
21 August 2006, the Office of the Secretary of the Air Force
directed the applicant be separated from active service for
physical disability. He served 3 months and 23 days on active
duty.
Airman are given entry-level separation/uncharacterized service
characterization when separation is initiated in the first
180 days continuous active service. The Department of Defense
(DOD) determined if a member served less than 180 days continuous
active service, it would be unfair to the member and the service
to characterize their limited service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states the RE code is
correct based on SAF directed discharge for physical disability
with severance pay.
The DPSOA complete evaluation is at Exhibit C.
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 D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states that an
injustice occurred during his discharge processing. He was
misled (not necessarily intentionally) into making a decision
that significantly changed his life and completely ended his
lifelong dream to serve in the military. He would not have ended
his career had he known that it would have been 100 percent
permanent. He thought he was making an informed decision when in
fact he was acting on incorrect information.
The applicant's complete response, with attachments, is at
Exhibit F.
_________________________________________________________________
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 took notice
of the applicants 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 the applicant has not
been the victim of an error or injustice. The RE code 2Q was
the appropriate code given the circumstances of the applicants
discharge. A 2 series RE code bars immediate reenlistment.
However, it is at the discretion of any branch of service to
determine if a waiver is appropriate. Therefore, in the absence
of 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 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-2010-00694 in Executive Session on 30 September 2010,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00694 was considered:
Exhibit A. DD Form 149, dated 17 February 2010, w/atch.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, AFPC/DPSOA, dated 5 April 2010.
Exhibit D. Letter, AFPC/DPSD, dated 12 April 2010.
Exhibit E. Letter, SAF/MRBR, dated 11 June 2010.
Exhibit F. Letter, Applicant, 6 April 2010, w/atchs.
Panel Chair
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