RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00915
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 4K (medically disqualified for
continued service; or, pending MEB/PEB) be changed to one that
would allow him to reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His RE code is incorrect.
In support of his appeal, the applicant provides a personal
statement and a Psychological Evaluation from a civilian
physician.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served from 10 March 2004 to 26 September 2006. The applicant
was referred to an Informal Physical Disability Board (IPEB) on
10 August 2006, for Major Depressive Disorder, Recurrent, with
Social and Industrial Impairment Considerable, Existed Prior to
Service (EPTS) Without Permanent Service Aggravation. The IPEB
recommended the applicant be discharged under other than Title 10
United States Code (EPTS). On 16 August 2006, the applicant
concurred with the findings and recommendation of the IPEB.
On 16 August 2006, the Secretary of the Air Force approved the
recommended discharge and directed the applicant be discharged
for physical disability due to an EPTS condition. The applicant
was honorably discharged effective 26 September 2006 with an RE
code of 4K and a narrative reason for separation as Disability
Existed Prior to Service. He served 2 years, 6 months, and
17 days on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD indicates the correct RE code
for a member approved for a medical retirement or separation is
2Q (personnel medically retired or discharged). After the
Boards action, the applicants RE code will be corrected by the
appropriate office.
The complete DPSD evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA states the applicants RE
code should have been changed to 2Q. As such, his DD Form 214, Certificate of Release or Discharge from Active Duty, will be
corrected to reflect the RE code 2Q unless the Board directs
otherwise.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
During the time of his recommended discharge, he was confused and
had no guidance. He is requesting the Board give him the
opportunity to serve his country in order for him to support his
family. He does not suffer from depression and he requests he be
given another chance.
The applicants complete rebuttal, with attachment, 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 an error or injustice that would
warrant a change to the applicants RE code to allow him to
reenlist. We note the applicants submission of a current
evaluation from a civilian psychologist indicating he is symptom
free; however, while he may be currently symptom free, it does
not preclude his symptoms from returning due to the rigors of
military service. We also note the Air Force offices of primary
responsibility indicate the appropriate RE code that should have
been assigned at the time of the applicants separation is 2Q,
based on his medical separation due to a disability that existed
prior to service; they will administratively correct his record
to reflect the correct RE code. We concur with this correction.
Therefore, in view of the above and 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 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-2010-00915 in Executive Session on 10 November 2010
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for AFBCMR Docket Number BC-
2010-00915 was considered:
Exhibit A. DD Form 149, dated 1 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 19 Mar 10.
Exhibit D. Letter, AFPC/DPSOA, dated 27 Apr 10.
Exhibit E. Letter, SAF/MRBR, dated 25 Jun 10.
Exhibit F. Letter, Applicant, dated 19 Jul 10, w/atch.
Panel Chair
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