RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02882
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 allows him to reenlist.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His prior condition was aggravated during Basic Military
Training (BMT).
He desires to have his RE code changed in order to fulfill his
patriotic duty and serve in the military.
In support of the request, the applicant provides a letter and
copies of medical notes from his physicians.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 22 Aug 06, the applicant entered the Regular Air Force.
On 30 Oct 06, a Medical Evaluation Board (MEB) determined the
applicant had a Grade IV stress fracture of the right distal
tibia and his case was referred to the Informal Physical
Evaluation Board (IPEB).
On 31 Oct 06, the IPEB concurred with the MEB findings and
determined the applicants injury existed prior to service and
was not aggravated through his military service. The IPEB noted
the onset of the applicants condition was during BMT and opined
his condition was due to deconditioning which existed prior to
service (EPTS). Further, the IPEB found him unfit and
recommended discharge under other than Title 10, Chapter 61,
United States Code, EPTS.
On 13 Nov 06, the applicant concurred with the findings and
waived his right to a Formal Physical Evaluation Board (FPEB)
hearing. The Special Assistant, Secretary of the Air Force
Personnel Council directed the applicants discharge.
On 17 Nov 06, the applicant was discharged with an
uncharacterized entry level separation and a narrative reason
for separation of Disability Existed Prior to Service PEB.
He was credited with 2 months and 26 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSD recommends denial. DPSD states the correct RE code
for a person approved for a medical separation is 2Q. The
preponderance of evidence reflects no error or injustice
occurred during the applicants disability process or at the
time of his separation.
The complete HQ AFPC/DPSD evaluation is at Exhibit C.
HQ AFPC/DPSOA recommends denial. DPSOA states that DPSD
validated the applicants disability discharge processing and
recommended denial. Further, the applicants current medical
status has no affect on his RE code and the applicant has not
provided any evidence of an error to his RE code. If the
applicant is otherwise eligible for reentry, a waiver of his RE
code by recruiting services would be more appropriate than
changing his RE code to an invalid code to allow entry.
The complete HQ 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 5 Nov 10 for review and comment within 30 days
(Exhibit E). As of this date, this office has not received a
response.
_________________________________________________________________
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 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
conclusion the applicant has not been the victim of 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.
_________________________________________________________________
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 Docket Number
BC-2010-02882 in Executive Session on 5 January 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSD, dated 18 Aug 10.
Exhibit D. Letter, HQ AFPC/DPSOA, dated 15 Sep 10.
Exhibit E. Letter, SAF/MRBR, dated 5 Nov 10.
Panel Chair
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