RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01244
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 2Q (Personnel
Medically Retired or Discharged) be changed to a code that will
allow him to reenlist in the Air Force Reserve.
________________________________________________________________
APPLICANT CONTENDS THAT:
The RE code 2Q is unjust as the military never really figured
out why his ankle was bothering him at the time of his service
and it no longer bothers him at all. He has been working in the
same career since four months after being discharged.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 31 Aug 00 for a period of six years
and was progressively promoted to the grade of senior airman
(E-4), effective and with a date of rank of 20 Feb 03.
On 19 Dec 03, a Medical Evaluation Board (MEB) found the
applicant unfit for continued military service for left ankle
tarsal tunnel syndrome and referred him to the Informal Physical
Evaluation Board (IPEB). The IPEB subsequently recommended the
applicants disability discharge with severance pay and a
disability rating of 10 percent.
On 15 Jan 04, the applicant accepted the findings of the IPEB,
waiving his right to a Formal Physical Evaluation Board (FPEB),
and the Secretary of the Air Force directed his disability
discharge with severance pay. On 26 Mar 04, he was honorably
discharged for physical disability and assigned an RE code of
2Q. He was credited with 3 years, 6 months, and 26 days of
total active service.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which are attached at Exhibits C and D.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial, indicating the preponderance of the
evidence reflects that no error or injustice occurred during the
disability process or at the time of separation. The correct
RE code for a person who is approved for a medical retirement or
separation is 2Q.
A complete copy of the AFPC/DPSD evaluation is at Exhibit C.
AFPC/DPSOA recommends denial, indicating the 2Q RE code was
appropriately assigned to reflect the applicants disability
discharge in accordance with AFI 36-2606, Reenlistment in the
United States Air Force.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provides a letter from his attending physician
indicating that he has had no issues with his ankles or feet
since Feb 10 (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. We took
notice of the applicant's complete submission, including his
response to the Air Force evaluations, 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
conclusion that the applicant has not been the victim of an
error or injustice. No evidence has been presented which would
lead us to believe the RE code of 2Q was not appropriately
assigned or did not accurately reflect the circumstances of his
medical discharge. Therefore, in the absence of sufficient
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
4. The applicants 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-2010-01244 in Executive Session on 14 Oct 10, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Mar 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 26 May 10.
Exhibit D. Letter, AFPC/DPSOA, dated 14 Jul 10.
Exhibit E. Letter, SAF/MRBR, dated 6 Aug 10.
Exhibit F. Letter, Applicants Physician, dated 26 Aug 10.
Panel Chair
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