RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03314
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His Separation Authority of AFI 36-3212, Physical Evaluation for
Retention, Retirement and Separation be changed.
2. His reentry (RE) code of 2Q (Personnel Medically Retired or
Discharged) be changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
He received a service-connected disability from the Department of
Veterans Affairs (DVA) on 14 April 2010. The VA stated he was in
sound condition when he enlisted in the military.
In support of his request, the applicant provides a copy his DD Form
214, Certificate of Release or Discharge from Active Duty and his DVA
rating.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 5 January 2010, the applicant enlisted in the Regular Air Force.
On 11 March 2010, an Informal Physical Evaluation Board (IPEB) found
the applicant unfit for continued military service for Temporal Lobe
Epilepsy, resulting in his discharge under other than Chapter 61, 10
USC. The IPEB stated the applicants medical condition existed prior
to service (EPTS) and had not been permanently aggravated through
military service.
On 18 March 2010, the applicant accepted the findings of the IPEB and
waived his right to a Formal Physical Evaluation Board (FPEB).
On 22 March 2010, the Secretary of the Air Force (SecAF) directed the
applicant be discharged from active service for physical disability
due to a condition that existed prior to service (EPTS). The SecAF
stated the applicant was not entitled to any benefits under the
provisions of Chapter 61, Title 10, U.S.C.
On 25 March 2010, he was honorably discharged for physical disability
and assigned an RE code of 2Q. He was credited with 2 months and 21
days of total active service.
The remaining relevant facts pertaining to this application is
contained in the letter prepared by the appropriate office of the Air
Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states the preponderance of the
evidence reflects that no error or injustice occurred during the
disability process or at the time of separation. The request to
amend or change his DD Form 214 is in violation of Air Force
Instructions and is not authorized.
The complete DPSD evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 5 November 2010, a copy of the Air Force evaluation was forwarded
to applicant for review and response. As of this date, no response
has been received by this office (Exhibit D).
________________________________________________________________
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 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 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-2010-03314 in Executive Session on 24 February 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 Sep 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 28 Sep 10.
Exhibit D. Letter, SAF/MRBR, dated 5 Nov 10.
Panel Chair
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