RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04254
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 2Q (Personnel
Medically Retired or Discharged) and separation program
designator (SPD) code of JFL (Disability, Severance Pay) be
changed to allow him to be eligible to reenlist.
________________________________________________________________
APPLICANT CONTENDS THAT:
The record is in error. He was medically separated for Chrons
disease; however, since his discharge, the Department of
Veterans Affairs (DVA) has instead established that he suffers
from colitis. Since his last procedures in Jun 10, the DVA
doctors have given him a great prognosis and he is no longer
taking medication.
In support of his request, the applicant provides an expanded
statement and copies of his DD Forms 214, Certificate of Release
or Discharge from Active Duty, National Guard Bureau Form 22, Report of Separation and Record of Service, and excerpts of his
service medical records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 7 Mar 02 and was progressively
promoted to the grade of senior airman (E-4), effective and with
a date of rank of 7 Sep 04.
On 18 Sep 07, a Medical Evaluation Board (MEB) found the
applicant unfit for continued military service for inflammatory
bowel disease, most likely Crohns disease, and referred him to
the Informal Physical Evaluation Board (IPEB).
On 7 Nov 07, the IPEB reviewed the MEB findings and recommended
discharge with severance pay and a disability rating of ten
percent for Crohns disease.
On 27 Nov 07, the applicant concurred with the findings of the
IPEB and on 28 Nov 07, the Secretary of the Air Force directed
his separation for physical disability.
On 7 Jan 08, the applicant was furnished an honorable discharge
for physical disability and assigned an RE code of 2Q (Personnel
medically retired or discharged) and an SPD code of JFL
(Discharge: disability, severance pay). He was credited with
5 years, 10 months, and 1 day 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, D, and E.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial, indicating a preponderance of the
evidence reflects that no error or injustice occurred during the
disability process. The IPEB recommended the applicants
discharge with severance pay with a combined compensable
disability rating of ten percent noting that Crohns is a
chronic disease for which there is no cure, which has a waxing
and waning course, and is sometimes unpredictable. The
applicant agreed with the IPEBs findings and recommendation in
his case. He could have non-concurred and requested to appear
before the Formal Physical Disability Evaluation Board (FPEB),
represented by counsel. Further, if he disagreed with the
FPEBs recommendation, he could have submitted a rebuttal and
his case would have been forwarded to the Secretary of the Air
Force Personnel Council for their review and finalization. This
appeal process, when followed, assures members receive the
benefit of a full and fair hearing in accordance with disability
policy. Additionally, the applicants DVA medical records make
it clear that he has continued to receive treatment, including
an in-patient hospitalization, for Crohns disease since his
discharge. Finally, Crohns disease, ulcerative colitis, and
duodenal ulcer are all rated together as one evaluation and the
DVA gave the applicant a ten percent rating under this
diagnostic code on 22 Dec 08.
A complete copy of the AFPC/DPSD evaluation is at Exhibit C.
AFPC/DPSOA recommends denial, indicating the 2Q RE code is
required in accordance with AFI 36-2606, Reenlistments in the US
Air Force, based on his disability discharge.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
The AFBCMR Medical Consultant recommends denial, indicating the
applicant has not met the burden of proof of an error or
injustice that warrants the desired change to the record. While
he has reported that his diagnosis has been changed from Crohns
disease to colitis, both conditions are considered inflammatory
bowel disease; and inflammatory bowel disease due to any cause
may pose an unreasonable risk for unexpected acute exacerbation,
resulting in either mission degradation or a risk to the service
members health and well being. This is particularly relevant
in the context of the austere operational conditions confronting
the members of all Military Departments under todays wartime
footing. While the applicant was originally retained after
successful control of his disease in 2004 and able to complete
an overseas tour of duty, it was likely the recurrent bouts with
the disease and uncertain risks imposed that resulted in his
ultimate release from the service. Thus, even through the
applicant has been given a good prognosis it does not rule out
a future recurrence and possible negative mission impact. In
any event, even if the Board decided to change the applicants
RE code, he would still require a waiver to enter the service as
either diagnosis of Crohns disease or colitis is disqualifying
for service entry in accordance with DoD Instruction 6231.03, Medical Standards for Appointment, Enlistment, or Induction in
the Military Service.
A complete copy of the AFBCMR Medical Consultants evaluation is
at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 27 Jun 11 for review and response within 30 days.
As of this date, no response has been received by this office
(Exhibit F).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
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 opinions and
recommendations of the Air Force offices of primary
responsibility and the AFBCMR Medical Consultant and adopt their
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. The applicants
contentions are duly noted; however, we find no evidence of an
error on the part of the Air Force in carrying out the IPEB and
the applicants subsequent disability separation, including the
assignment of the contested RE and SPD codes. Therefore, absent
evidence that appropriate standards were not applied, or the
applicant was not afforded rights to which he was entitled, we
find no basis to recommend granting the requested relief.
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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-04254 in Executive Session on 4 Aug 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Oct 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 30 Dec 10.
Exhibit D. Letter, AFPC/DPSOA, dated 11 Feb 11.
Exhibit E. Letter, AFBCMR Medical Consultant,
dated 21 Jun 11.
Exhibit F. Letter, SAF/MRBR, dated 27 Jun 11.
Panel Chair
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