RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01547
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 2Q Personnel medically retired or
discharged and separation code of JFL Disability, Severance
Pay be changed to allow him to serve again in the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for medical reasons. He has since been informed
that he was wrongfully diagnosed with asthma.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and a consult from his physician.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 2 May 01, the applicant entered active duty in the Regular Air
Force.
He was processed through the disability evaluation system for
moderate persistent asthma.
On 17 Dec 04, the Informal Physical Evaluation Board (IPEB) found
the applicant unfit for continued service and recommended
discharge with severance pay with a 10 percent disability rating
for asthma. On 11 Jan 05, the applicant nonconcurred with the
findings of the IPEB and demanded a formal hearing of the case.
On 21 Jan 05, he retracted his decision and concurred with the
IPEBs recommendations and findings.
On 17 Feb 05, the Secretary of the Air Force determined the
applicant was physically unfit for continued military service and
directed his discharge with severance pay.
On 29 Mar 05, the applicant was honorably discharged with
severance pay based on a disability rating of 10 percent;
received an RE code of 2Q, and was credited with 3 years,
10 months, and 28 days of active duty service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states the IPEB found the
member unfit for continued service based on the functional impact
of the condition at that time. The preponderance of evidence
reflects that no error or injustice occurred during the
disability process.
The April 2011 treatment notes from the applicants physician
shows the diagnosis of asthma to be in question; however, there
is no evidence the diagnosis was inaccurate at the time of his
disability evaluation. The physicians notes also report the
applicant is now having more problems, acute or chronic and I am
continuing to treat as asthma, increasing inhaled steroids
The complete DPSD evaluation is at Exhibit C.
AFPC/DPSOA recommends denial of the applicants request to change
his RE code to one that would allow him to reenlist. DPSOA
states the applicants RE code 2Q is correct based on his
disability discharge.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 26 Aug 11, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days. To date,
a response has not been received (Exhibit E).
_________________________________________________________________
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 that 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-2011-01547 in Executive Session on 18 Jan 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Apr 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 28 Jul 11.
Exhibit D. Letter, AFPC/DPSOA, dated 16 Aug 11.
Exhibit E. Letter, SAF/MRBR, dated 26 Aug 11.
Panel Chair
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