RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04139
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry (RE) code of 2Q (personnel medically retired or
discharged) be changed to a 1-Series code that will allow him to
reenlist in the military.
________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been placed on the Temporary Disability Retired
List (TDRL) and given a chance to get better. He was
misdiagnosed and the medications he was prescribed made him
sick. Because of medical profiles, orthotics, and side-effects
from the medication, he gained over 70 pounds. He is in better
shape now than when he was on active duty and would like an
opportunity to pass the medical standards and serve again.
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 21 Nov 06.
On 8 Jun 11, a Formal Physical Evaluation Board (FPEB) found the
applicant unfit for duty due to his low back pain due to
degenerative disc disease and bilateral plantar fasciitis. The
Board recommended discharge with severance pay and a combined
compensable disability rating of 20 percent. On 9 Jun 11, the
applicant agreed with the findings and recommendations of the
FPEB.
On 5 Jul 11, the Secretary of the Air Force directed the
applicant be separated from active service for physical
disability.
On 30 Nov 11, the applicant was honorably discharged for
physical disability with a combined compensable disability
rating of 20 percent and entitlement to severance pay. He was
credited with five years and ten days of total active service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility (OPR) which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial of the applicants request to change
his RE code, indicating there is no evidence of an error or
injustice. While the applicant contends that he has lost over
73 pounds and is in better shape than when he was on active
duty, the preponderance of the evidence reflects there was no
error or injustice that occurred during the disability process.
The RE code of 2Q is the correct code for a member such as the
applicant who was approved for a medical retirement or
separation.
A complete copy of the AFPC/DPSD evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 Oct 12 for review and comment within 30 days.
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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice regarding the
applicants reentry (RE) code. 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 the applicant has not
been the victim of an error or injustice. While the applicant
also contends his name should have been placed on the Temporary
Disability Retired List (TDRL), he has presented no evidence
whatsoever to indicate that he should have been assigned a
combined compensable disability rating of at least 30 percent to
qualify for a disability retirement in lieu of being discharged
with entitlement to severance pay. 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 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-2012-04139 in Executive Session on 23 Apr 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 3 Oct 11.
Exhibit D. Letter, SAF/MRBR, dated 16 Oct 12.
Panel Chair
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