RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  01-02230
		INDEX CODE 100.06   110.02
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His separation program designator (SPD) code and his reenlistment eligibility (RE) code be changed so that he can attempt reenlistment.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 22 Sep 99. Following referral to an Informal Physical Evaluation Board (IPEB), he was found unfit for continued military service due to his recurrent left shoulder instability, a condition determined to have existed prior to service (EPTS) as a result of a football injury in Oct 98. Discharge under other than (DUOT) Chapter 61, Title 10, USC, was recommended, the applicant concurred with the findings and recommendations, and he was discharged in the grade of airman on 28 Aug 00 with 11 months and 5 days of active service. He was issued an SPD code of "JFM" (Discharge Existed Prior to Service, PEB) and an RE code of "2Q" (Personnel Medically Retired or Discharged).

The remaining relevant facts pertaining to this application, extracted from the applicant's military records (Exhibit B), are contained in the official documents provided in the applicant’s submission (Exhibit A) and in the letters prepared by the appropriate offices of the Air Force (Exhibits C and D). 

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant provided his rationale for recommending denial.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPD provided their rationale for recommending denial.

A complete copy of the evaluation is at Exhibit D.

HQ AFPC/DPPAE advised that the applicant's RE code is correct.

A complete copy of the evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 15 Nov 01 for review and comment within 30 days.  The applicant requested that his case be temporarily withdrawn while he awaited surgery on his left shoulder.  By letter dated 13 Dec 01, the AFBCMR Staff advised the applicant that his request to temporarily withdraw his appeal had been granted.

In an undated letter, the applicant asserts he had surgery performed on his left shoulder and is having the medical records sent to the Board. He believes he now qualifies for reenlistment. He provides endoscopy photos of his shoulder.  

The applicant's complete response, with attachments, is at Exhibit I.

On 9 Apr 02, the New England Orthopedic Surgeons, Inc., forwarded medical reports pertaining to the applicant's shoulder surgery, which was performed on 8 Mar 02.

The reports from the orthopedic surgeons group are at Exhibit J.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to warrant partial relief. Although the applicant did not specify which RE code he wants, the Board presumes he desires one of the “Eligible for Immediate Reenlistment,” or “1” series, RE codes. While the applicant recently had surgery on his left shoulder, we do not believe we are qualified to determine his medical fitness for service, especially given his anticipated 12-week post-surgical recuperative period. Therefore, we conclude that an RE code permitting immediate reenlistment would be inappropriate. However, a majority of the Board is persuaded that the applicant should be afforded the opportunity to demonstrate his fitness for service and apply for enlistment. In this regard, the majority of the Board believes an appropriate remedy would be to grant him an RE code of “3K” (Reserved for use by the AFBCMR when no other RE code applies or is appropriate).  While the “3” RE codes indicate “Conditions Barring Immediate Reenlistment,” they are “waiverable,” unlike the “2” series in which he is currently categorized.  In other words, an RE code from the “3” series would permit him to apply for enlistment. If his shoulder injury has been rectified by the surgery and he is found medically fit for service, has desirable skills and is otherwise acceptable, the Reserves may elect to waive his ineligibility and allow him to enlist. For the sake of consistency, the Board majority also recommends the applicant’s narrative reason/SPD code be changed from “Discharge, EPTS, PEB/JFM” to “Secretarial Authority/JFF.” The applicant should understand that these SPD and RE code changes in no way obligate any of the Services to accept him for enlistment.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 28 August 2000, he was honorably discharged under the provisions of AFI 36-3208, Secretarial Authority, was issued a separation program designator code of “JFF” and a reenlistment eligibility code of “3K.”

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The following members of the Board considered this application in Executive Session on 18 April 2002 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

By a majority vote, the Board voted to correct the record as recommended voted to deny the case entirely and has submitted a Minority Report at Exhibit K. The following documentary evidence pertaining to AFBCMR No. 01-02230 was considered:

   Exhibit A.  DD Form 149, dated 2 Aug 01.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 7 Sep 01.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 15 Oct 01.
   Exhibit E.  Letter, HQ AFPC/DPPAE, dated 31 Oct 01.
   Exhibit F.  Letter, SAF/MRBR, dated 15 Nov 01.
   Exhibit G.  Letter, Applicant, undated.
   Exhibit H.  Letter, AFBCMR, dated 13 Dec 01.
   Exhibit I.  Letter, Applicant, undated, w/atchs.
   Exhibit J.  Medical Reports, New England Orthopedic Surgeons,
				Inc., dated 3 Dec 96 - 26 Mar 02.
   Exhibit K.  Minority Report.

                                   

AFBCMR 01-02230

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to   , be corrected to show that on 28 August 2000, he was honorably discharged under the provisions of AFI 36-3208, Secretarial Authority, was issued a separation program designator code of “JFF” and a reenlistment eligibility code of “3K.”