RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:					DOCKET NUMBER:  02-00568
								INDEX CODE 108.01  100.06
								COUNSEL: No 

								HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of “2Q” (Personnel medically retired or discharged) be changed to one that allows 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 entered active duty on 2 Dec 92 and was assigned to the 20th Equipment Maintenance Squadron at Shaw AFB, SC, as a repair and reclamation apprentice. He was honorably discharged in the grade of airman first class for disability, with severance pay, on 17 Jan 95. He had 2 years, 1 month and 16 days of active service.

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

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant provides a lengthy discussion of the applicant’s medical condition, the Medical Evaluation Board (MEB) processing and the Physical Evaluation Board (PEB) review. Essentially, the Consultant believes two weeks of therapy was insufficient time to make a determination of response to therapy and continued fitness for duty and, in retrospect, the decision to undergo MEB may have been premature.  The Consultant notes that the applicant’s request would be much stronger if he had provided an opinion about his current condition from an orthopedic surgeon which further documented an absence of predisposing biomechanical factors or the presence of degenerative disease. Because of the history of the applicant’s knee problem while on active duty, the process of entry medical examination should include orthopedic evaluation. The Consultant recommends that the RE code be changed so that the applicant may apply for reenlistment and thus allow the entry medical examination process, including orthopedic evaluation, to make the final determination of his fitness for reenlistment.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPD believes the RE code should not be changed as it clearly describes what actions transpired at the time of discharge.  They recommend that the applicant ask the recruiter if he can be medically reevaluated for the purpose of passing the medical standards for induction into the Air Force. Once the applicant has shown that he can meet the physical standards, the recruiter would then have justification for requesting a waiver to the RE code.  To arbitrarily change his RE code prior to determining his medical status does not appear to resolve the problem.  This procedure merely complicates the issue in that you have a member who is eligible to reenlist but may not meet proper medical standards.  Another alternative would be to have the AFBCMR direct that permissive TDY orders be published to have the applicant medically evaluated at Wilford Hall Medical Center (WHMC), Lackland AFB, TX.  Either process will determine if the individual is able to meet the stringent medical requirements of military service.  The applicant has not submitted any material or documentation to show he was improperly rated or processed. Until he provides medical documentation that reflects he meets current physical standards for military service, his RE code should remain the same.

A complete copy of the evaluation is at Exhibit D.

HQ AFPC/DPPAE confirms the applicant’s RE code and, based on the AFBCMR Medical Consultant’s recommendation, recommends changing the RE code to “3K” (Reserved for use by the AFBCMR when no other RE code applies or is appropriate).

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 9 Aug 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant partial relief.  We note the applicant provided no evidence other than his own assertions that his knee problem has been resolved. The AFBCMR Medical Consultant indicates he believed two weeks of therapy was insufficient time to make a determination of continued fitness for duty and the MEB may have been premature. However, based on the available evidence, we cannot determine with any certainty whether the applicant’s present condition may or may not be unfitting. We are reluctant to grant an RE code that allows reenlistment when the applicant may prove to be unfit. We believe the most appropriate action at this point is the recommendation made by HQ AFPC/DPPD. Invitational orders should be issued allowing the applicant to be medically evaluated at WHMC to determine if he is able to meet military service medical requirements. This will also afford him the opportunity to demonstrate or provide evidence of his alleged fitness. The medical determination as to whether or not he is fit for military duty will then be forwarded to this Board for final consideration. We therefore recommend the applicant’s records be corrected to the extent indicated below.

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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 invitational orders to Wilford Hall Medical Center were issued by competent authority for the purpose of his undergoing a physical examination to determine his medical fitness for reentry into military service; that the results be forwarded to the Air Force Board for Correction of Military Records at the earliest practicable date so that all necessary and appropriate actions may be completed; and, that all charges for the physical examination be, and hereby are, waived.

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The following members of the Board considered this application in Executive Session on 3 October 2002 under the provisions of AFI 36-2603:

			
All members voted to correct the records, as recommended.  The following documentary evidence relating to AFBCMR Docket Number 02-00568 was considered:

   Exhibit A.  DD Form 149, dated 12 Feb 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant dated 25 Apr 02.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 15 May 02.
   Exhibit E.  Letter, HQ AFPC/DPPAE, dated 5 Aug 02.
   Exhibit F.  Letter, SAF/MRBR, dated 9 Aug 02.

                                   

AFBCMR 02-00568

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 invitational orders to Wilford Hall Medical Center were issued by competent authority for the purpose of his undergoing a physical examination to determine his medical fitness for reentry into military service; that the results be forwarded to the Air Force Board for Correction of Military Records at the earliest practicable date so that all necessary and appropriate actions may be completed; and, that all charges for the physical examination be, and hereby are, waived.