RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02678
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  YES

________________________________________________________________

THE APPLICANT REQUESTS THAT:

The following items on his DD Form 214, Certificate of Release 
or Discharge from Active Duty, issued in conjunction with his 
29 Apr 11 placement on the Temporary Disability Retired List 
(TDRL) be changed so that he can reenter the Air Force:

	a.  Item 4b, Pay Grade, changed to “E4” rather than “E3.”

	b.  Item 14, Military Education, “Weapons Control Systems 
Technician, F-106 S, Dec 06,” be removed. (Administratively 
Corrected)

	c.  Item 23, Type of Separation, “Retirement,” be changed.

	d.  Item 25, Separation Authority, “AFI 36-3212,” (Physical 
Evaluation, for Retention, Retirement, and Separation) be 
changed.

	e.  Item 26, Separation Code of “SFK,” (Disability, 
Temporary) be changed.

	f.  Item 27, Reentry (RE) Code of “2Q,” (Personnel 
medically discharged or retired) be changed.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was released as an E4.

He never received Weapons Control Systems training.

His medical condition has cleared up.

His DD Form 214 should be changed so that he can reenter the 
service.

In support of his appeal, the applicant provides copies of his 
DD Form 214, issued 29 Apr 11 and his TDRL separation orders.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________


STATEMENT OF FACTS:

On 11 Jul 06, the applicant enlisted in the Regular Air Force 
for a period of six years.  He was progressively promoted to the 
grade of senior airman (SrA/E4), having assumed that grade 
effective and with a Date of Rank (DOR) of 1 Jan 09.

On 8 Feb 10, he was demoted to the grade of Airman First Class 
(A1C/E3), with an effective date and DOR of 4 Feb 10, for four 
Fitness Assessment (FA) failures in a 10 month period.  In 
addition, he received his second Letter of Reprimand (LOR).

On 8 Apr 10, a Medical Evaluation Board (MEB) diagnosed the 
applicant with left hip pain and recommended his case be 
referred to the Informal Physical Evaluation Board (IPEB).  

On 6 May 10, the squadron commander notified the applicant of 
administrative discharge action for Unsatisfactory Performance: 
Failure to Meet Minimum Fitness Standards, specifically, for the 
following:

      (1) On or about 19 Mar 09, the applicant received a 
68.80 on his FA, which resulted in a “poor” score.
      
      (2) On or about 18 Jun 09, he received a 73.50 on his FA, 
which resulted in a “poor” score.

      (3) On or about 6 Oct 09, he received a 68.65 on his FA, 
which resulted in a “poor” score.  For this failure, he received 
a LOR, dated 20 Oct 09.

      (4) On or about 20 Jan 10, he received a 64.05 on his FA, 
which resulted in a “poor” score.  For this failure, he received 
a LOR, dated 25 Jan 10, and an Unfavorable Information File 
{UIF) was established.  Additionally, he was administratively 
demoted from the rank of SrA to the rank of A1C, effective 
4 Feb 10.  After consulting with counsel and having been advised 
of his rights, the applicant submitted statements in his own 
behalf.  

In the midst of the administrative separation action a dual-
action process was initiated and his MEB was forwarded to the 
IPEB.  On 29 Jun 10, the IPEB diagnosed the applicant with 
chronic low back pain and left hip pain and recommended 
placement on the TDRL with a compensable disability rating of 
40 percent.  On 13 Jul 10, the applicant agreed with the 
decision of the IPEB and his case was referred to the Secretary 
of the Air Force Personnel Council (SAFPC) for a determination 
of the appropriate reason for discharge and character of 
service.  

On 17 Sep 10 and 6 Oct 10, SAFPC directed the applicant’s name 
be placed on the TDRL with a compensable disability rating of 
40 percent and determined that he had satisfactorily served in 
the grade of SrA.

On 29 Apr 11, the applicant’s name was placed on the TDRL with a 
compensable disability rating of 40 percent, in the grade of 
SrA.  He was credited with 4 years, 9 months, and 19 days of 
active service for retirement.

On 23 Oct 12, the IPEB recommended removing the applicant’s name 
from the TDRL and that he be disability separated with severance 
pay and a compensable disability rating of 20 percent.  On 
10 Dec 12, the SAFPC directed the applicant’s name be removed 
from the TDRL and he be disability separated with severance pay 
and a compensable disability rating of 20 percent.

On 30 Dec 12, the applicant’s name was removed from the TDRL and 
he was disability separated with severance pay and a compensable 
disability rating of 20 percent.

On 18 Apr 14, DPSIT administratively corrected the applicant’s 
record to reflect on his DD Form 214, issued 29 Apr 11, in Item 
14. Military Education, Aerospace Maintenance Apprentice (C-17), 
Dec 06.  

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPFD recommends denial of the applicant’s request to change 
his RE code of 2Q and the narrative reason for separation of 
disability, temporary, removed from his records.  The 
preponderance of evidence reflects that no error or injustice 
occurred during the disability process.

In addition, DPFD notes that he is requesting to have the 
separation code and RE code changed on his DD Form 214.  The RE 
code of 2Q is the correct code for a member who was approved for 
a medical retirement or separation and SFK is the correct 
separation code for being medically retired.

The complete DPFD evaluation is at Exhibit C.

AFPC/DPSOA recommends denial of the applicant’s request to 
change his RE code.  DPSOA states that the applicant's RE code 
of 2Q is correct per AFI 36-2606, Reenlistment in the USAF, 
chapter 5, based on his disability discharge.  The applicant's 
DD Form 214 accurately reflects his RE code at the time of 
separation.

The complete DPSOA evaluation is at Exhibit D.

AFPC/DPSOE recommend denial of applicant's request to have his 
rank on the DD Form 214 corrected to reflect SrA as he had been 
demoted and did not hold that grade at the time of 
separation/retirement from Regular active duty.

The applicant was promoted to SrA effective 1 Jan 09.  On 4 Feb 
10, he was administratively demoted to the rank of A1C for 
failing to meet AF Fitness standards four times within a 10-
month period.  On 6 May 10, the applicant was notified of his 
commander's decision to administratively discharge him for 
Unsatisfactory Performance: Failure to Meet Minimum Fitness 
Standards.  His records met an IPEB on 29 Jun 10 for a diagnosis 
of chronic back and hip pain.  Based on the pending 
administrative discharge, his case was forwarded to the SAFPC 
for finalization.  On 17 Sep 10, the SAFPC directed the 
applicant be placed on the TDRL in the grade of SrA.  This was 
for retirement and pay purposes only.  The DD Form 214 reflects 
the active duty grade the applicant held at the time of 
separation/retirement.

The complete DPSOE evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 15 Oct 13 for review and comment 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 error or injustice.  After a 
careful review of the evidence of record and the applicant’s 
submission, we note the applicant, in essence, is requesting 
several changes to his DD Form 214 in order to reenter military 
service.  However, we agree with the opinion and recommendation 
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.  In 
addition, the applicant requests that Item 25, Separation 
Authority, on his DD Form 214, be changed; however, he has not 
provided any evidence showing that the separation authority is 
in error.  Therefore, aside from the administrative corrections 
to his record, we find no basis to recommend granting the relief 
sought.  

4.  The applicant's 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 issue(s) 
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-2013-02678 in Executive Session on 25 Mar 14, under 
the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 May 13, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPFD, dated 17 Jul 13.
    Exhibit D.  Letter, AFPC/DPSOA, dated 19 Aug 13.
    Exhibit E.  Letter, AFPC/DPSOE, dated 4 Sep 13.
    Exhibit F.  Letter, SAF/MRBR, dated 15 Oct 13.




                                   Panel Chair




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