RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02719

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation of “Disability, Existed 
Prior to Service PEB” and Reentry Code (RE) of 2Q (Personnel 
medically retired or discharged) be changed to allow him to 
reenter military service.

________________________________________________________________

APPLICANT CONTENDS THAT:

He passed all the physical requirements to enter the Air Force 
and was in good health throughout basic military training (BMT).  
He began experiencing back pain six months after entering 
military service.  The Medical Evaluation Board (MEB) narrative 
states he began experiencing back pain after completing weight 
training for his Air Force Specialty.

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; SF Form 93, Report of Medical History; SF Form 88, Report 
of Medical Examination; and a MEB Narrative Summary.

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

________________________________________________________________

STATEMENT OF FACTS:

On 15 Sep 94, the applicant commenced his enlistment in the 
Regular Air Force.

According to a 13 Apr 95 medical narrative summary provided by 
the applicant, he began to experience lower back pain during 
technical training.  He reported that he incurred a back injury 
(football) in the ninth grade.  He further indicated he did not 
receive medical treatment by a physician.  He was treated by his 
Primary Care physician and referred to orthopedic surgery.  On 
12 Apr 95, the applicant was diagnosed with lower back pain that 
existed prior to service (EPTS) and spondylolysis and a 
recommendation for back exercises, continuation of medication 
and entry-level separation with follow-up with a civilian 
orthopedic physician.

On 18 Apr 95, the applicant underwent a Medical Evaluation Board 
(MEB).  The MEB confirmed the diagnosis of spondylolysis with 
re-exacerbated back pain that EPTS.  The MEB further noted the 
medical condition was not aggravated by military service and 
recommended return to duty for action under other directives.  

On 11 May 95, the applicant underwent an MEB at Wilford Hall 
Medical Center.  The MEB reviewed his case and referred him to 
the Informal Physical Evaluation Board (IPEB).  

On 26 May 95, the IPEB reviewed the applicant’s case and 
recommended discharge under other than Chapter 61, 10 USC 
(EPTS).  On 12 Jul 95, the applicant concurred with the findings 
and recommendations of the IPEB. 

On 13 Jun 95, the Secretary of the Air Force directed the 
applicant be separated due to a medical condition that EPTS.

On 15 Sep 94, the applicant was honorably discharged with a 
narrative reason for separation of “Disability, Existed Prior to 
Service PEB,” along with a reentry code of 2Q (Personnel 
medically retired or discharged).  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFD recommends denial indicating there is no evidence of 
an error or an injustice.  While the applicant argues that his 
disability did not exist prior to service, but was caused by his 
service, documentation in his service medical records indicates 
that he had a history remarkable for football injuries in the 
ninth grade in which he was 'speared' from the back, which 
caused persistent back pain for about three months.  No x-rays 
were done and he wore a truss to play football through grades 10 
through 12.  After coming to BMT, the applicant developed mild 
lower back pain after the physical conditioning run but he 
ignored it and actually improved by the end of training.  
Orthopedic evaluation revealed lower back pain existing prior to 
service and spondylolysis and recommended back exercises, 
continuation of current drug regimen and an entry-level 
separation with subsequent follow-ups with a civilian orthopedic 
surgeon.  The IPEB recommended discharge under other than 
Chapter 61, 10 USC (EPTS) and the applicant concurred with the 
findings.  The discharge message was sent on 21 Jun 95 and 
established the separation date as 29 Jun 95.  The member served 
on active duty for 9 months and 15 days.  The preponderance of 
evidence reflects that no error or injustice occurred during the 
disability process and the applicant received the required RE 
code for an individual separated with a disability discharge.


A complete copy of the AFPC/DPFD 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 23 Aug 13 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.

________________________________________________________________

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 
(OPR) and adopt its rationale as the basis for our conclusion 
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 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-2013-02719 in Executive Session on 18 Mar 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-02719 was considered:

	Exhibit A.  DD Form 149, dated 3 Jun 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPFD, dated 5 Jul 13.
	Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 13.




                                   
                                   Panel Chair