RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01015
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2Q (Personnel medically retired or
discharged) and separation code JFL (Disability, Severance Pay)
be changed to allow him to reenter military service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was informed by separations that if his condition could be
corrected he could reenter military service. When he attempted
to reenter he was told that he could not due to his RE code.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge From Active
Duty, and a letter from his physician and congressman.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 Jan 00, the applicant contracted his enlistment in the
Regular Air Force. He was progressively promoted to the grade of
staff sergeant, having assumed the grade effective and with a
date of rank of 1 Jun 03. He served as an Aerospace Maintenance
Journeyman.
While on active duty the applicant was involved in a motor
vehicle accident. He was treated and diagnosed with chronic
thoracic back pain. He underwent a Medical Evaluation Board
(MEB) on 12 Oct 04. The MEB referred his case to the Informal
Physical Evaluation Board (IPEB). The IPEB found the applicant
unfit and recommended discharge with severance pay with a 10
percent disability rating. On 23 Dec 04, the applicant concurred
with the findings and recommendation of the IPEB.
On 21 Jan 05, the Secretary of the Air Force (SAF) directed the
applicant be discharged for a physical disability with severance
pay.
On 19 Mar 05, he was honorably discharged with severance pay with
a 10 percent disability rating. He served five years, two months
and seven days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD notes the AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation
Boards, dated 1 Nov 04, stated the applicants medical condition
prevented him from reasonably performing the duties of his
office, grade, rank or rating. DPSD states the RE code 2Q is the
correct code for an individual who was approved for a medical
retirement or separation. DPSD further states the preponderance
of evidence reflects that no error or injustice occurred during
the disability process or at the time of separation.
The complete AFPC/DPSD evaluation is at Exhibit C.
AFPC/DPSOA recommends denial. DPSOA notes the applicants
narrative reason for separation was Disability, Severance Pay,
and he received $20,607.00 in severance pay. DPSOA further
states it is not the RE code that is preventing the applicant
from reentering military service, but each military components
policies regarding RE codes; as each service component decides
what they will and will not waive.
The complete AFPC/DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 2 Jul 10, for review and comment within 30 days. As
of this date, no response has been received by this office.
_________________________________________________________________
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 an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary responsibility
and adopt their rationale as the basis for our decision that the
applicant has failed to sustain his burden of proof of the
existence of either 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 issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant is 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-2010-01015 in Executive Session on 1 Sep 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 14 Apr 10.
Exhibit D. Letter, AFPC/DPSOA, dated 28 May 10.
Exhibit E. Letter, SAF/MRBR, dated 2 Jul 10.
Panel Chair
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