RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02223
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 2Q (Personnel medically
retired or discharged) be changed to allow reentry in the
military.
APPLICANT CONTENDS THAT:
He was discharged in Jul 09 due to revocation of mobility status
after being diagnosed with Ulcerative Colitis. His condition is
now well managed with medication and proper diet. He was able to
continue performing his job with only minor accommodations. After
exhausting all other avenues of relief, an appeal to the Board is
his last option. His condition has never impeded his ability to
perform at the highest level. It is his sincerest hope to serve
his country again by first having his RE code changed to allow him
to reenlist.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
25 Jun 97.
On 31 May 07, the applicant was diagnosed with Ulcerative Colitis
(UC) at Ajou University Medical Center, Suwon, Korea.
On 12 Sep 08, the applicant was issued an AF Form 469, Duty
Limiting Condition Report, requiring restroom facilities within 50
feet at all times and exemption from physical training (PT) runs
outdoors, as well as restroom breaks as needed during work and PT.
On 6 Nov 08, the applicant was referred to a Physical Evaluation
Board (PEB) after meeting a Medical Evaluation Board (MEB) where
he was diagnosed with UC.
On 23 Jan 09, the applicant was found unfit for continued service
at an Informal Physical Evaluation Board (IPEB). He was
recommended for discharge with severance pay (DWSP) with a
disability rating of ten percent. The applicant non-concurred
with the IPEB and requested a formal hearing with counsel.
On 20 Mar 09, the Formal Physical Evaluation Board (FPEB) reviewed
the case file with medical records and determined the ulcerative
colitis was unfitting with a disability rating of ten percent and
recommended DWSP. The applicant did not accept the findings of
the FPEB and requested his case be reviewed by the Secretary of
the Air Force Personnel Council (SAFPC).
On 8 May 09, SAFPC considered the applicants contention for
permanent retirement with a 30 percent disability rating but
concurred with the findings of the IPEB and FPEB and directed the
applicant be discharged with severance pay, with a ten percent
disability rating.
On 28 Jul 09, the applicant was furnished an honorable discharge,
with an RE code 2Q and narrative reason for separation of
Completion of Required Active Service, and was credited with 12
years, 1 month, and 4 days of active service.
On an unspecified date in Jun 14, AFPC/DPSO notified the applicant
that his DD Form 214, Certificate of Release or Discharge from
Active Duty, was void and a new DD Form 214 was accomplished,
which included the following changes:
a. Block 25, Separation Authority, from AFI 36-3208,
Administrative Separation of Airmen, to AFI 36-3212, Physical
Evaluation for Retention, Retirement, and Separation.
b. Block 28, Narrative Reason for Separation to Discharge
with severance pay.
The remaining relevant facts pertaining to this application are
contained in the memorandums prepared by the Air Force offices of
primary responsibility (OPR), which are attached at Exhibits C, D,
and E.
AIR FORCE EVALUATION:
AFPC/DPFD recommends denial as it pertains to the disability
process, indicating there is no evidence of an error or an
injustice. The RE code of 2Q is correct for a member who was
approved for a medical retirement or separation and JFL is the
correct separation code for being medically separated. The
preponderance of evidence reflects that no error or injustice
occurred during the disability process.
A complete copy of the AFPC/DPFD evaluation is at Exhibit C.
AFPC/DPSOA recommends denial, indicating that the applicant has
not provided any proof of an error or injustice related to his RE
code. The applicant received an RE code of 2Q Personnel
medically retired or discharged and was paid $73,072.80 in
severance pay based on his disability discharge. This RE code is
correct per AFI 36-2606, Reenlistment in the USAF, chapter 3,
based on his disability discharge. The applicant asks that his RE
code be changed to 1A (Ineligible to reenlist, but condition
waived). However, AFI 36-2606, states Do not separate Airmen
with this RE code. Additionally, all RE codes in the 1 series
state not to separate Airmen with those RE codes except for 1J
(Eligible to reenlist, but elects separation). The applicant
cannot be awarded RE code 1J as he was not eligible for
consideration for reenlistment under the Selective Reenlistment
Program (SRP) while going through the Medical Evaluation Board
(MEB) process.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
BCMR Medical Consultant recommends denial of the applicants
request to change his RE code. Ulcerative Colitis (UC) is a form
of inflammatory bowel disease (IBD) which commonly affects the
rectum and lower parts of the colon. Symptoms of the disease
include, but may not be limited to, intermittent rectal bleeding,
diarrhea with abdominal cramping, frequent straining with bowel
movements and constipation. While medication and lifestyle
modifications may reduce symptoms of the disease, flares are often
a recurring challenge to managing symptoms. These events may have
a number of triggers including stress, viral illnesses, and
certain medications. In addition, UC flare events are often
unpredictable and may require certain workplace accommodations
which could interfere with mission accomplishment. The medical
reviewer opines that UC is a chronic disease known to have
unpredictable recurrences and other chronic health effects and
therefore should be considered disqualifying for continued or
reentry into military service. Given the often austere
environmental conditions where service members may be required to
serve, the risk of symptomatic recurrence does not justify
consideration of a wavier authorization.
A complete copy of the BCMR 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 11 Feb 15 for review and comment within 30 days
(Exhibit F). 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendation of the Air Force offices of primary responsibility
(OPR) and the BCMR Medical Consultant and adopt their rationale as
the basis for our conclusion the applicant has not been the victim
of an error of injustice. Therefore, in the absence of evidence
to the contrary, we find no basis to recommend granting the
requested relief.
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-2014-02223 in Executive Session on 25 Mar 15, under the
provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number
BC-2014-02223 was considered:
Exhibit A. DD Form 149, dated 27 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPFD, dated 9 Jul 14.
Exhibit D. Memorandum, AFPC/DPSOA, dated 17 Jul 14.
Exhibit E. Memorandum, AFBCMR, Medical Consultant, dated
14 Jan 15.
Exhibit F. Letter, SAF/MRBR, dated 11 Feb 15.
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