RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01053
		INDEX NUMBER:  110.02
	XXXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code and separation code be changed to allow his reentry into the service.

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APPLICANT CONTENDS THAT:

He has been medically cleared by two medical doctors and has provided copies of their reports regarding his fitness for duty.

He should have the option of serving in a reserve unit.

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STATEMENT OF FACTS:

The applicant was disability discharged with severance pay for chronic low back pain on 23 Aug 99 after serving 1 year, 4 months and 29 days on active duty.  He was given a Reentry Code of “2Q,” “personnel medically retired or discharged” and a Separation Code of “JFL,” “involuntary discharge directed by established directive (No entitlements) for a physical disability which existed prior to entry on active duty, during a break in service, or during a period of inactive service, and was established by a physical evaluation board.”

The remaining relevant facts pertaining to this application are contained in the evaluations prepared by the appropriate offices of the Air Force found at Exhibits C, D, and F.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.

The records indicate that the applicant had recurring problems with chronic low back pain that interfered with training in two career fields.  Despite a prolonged period of time in a physical profile restriction he continued to complain of low back pain that prohibited military duty performance.  He was found unfit and permanently retired because of chronic low back pain, rated at 10 percent.  Action and disposition in this case are proper and reflect compliance with Air Force directives that implement the law.

The complete evaluation is at Exhibit C.

AFPC/DPPD recommends denial of the applicant’s request.

Disability processing records reflect that the applicant was presented before an MEB on 4 Jun 99 and the results referred to the Informal Physical Evaluation Board (IPEB) for adjudication.  The Board diagnosed his “mechanical low back pain” as unfitting for military service and recommended he be discharged with entitlement to severance pay with a 10 percent disability rating.  The member agreed with the Board’s findings and recommendation and was discharge shortly thereafter with a 10 percent disability rating.  Two and one-half years following his discharge, the applicant states he is no longer having problems with his back, and requests he be allowed to reenlist in the Air Force Reserve or Air National Guard.

Recommend the applicant contact his local Air Force Recruiter to find out if he can be medically reevaluated for the purpose of passing the medical standards for induction into the Air Force Reserves or Air National Guard as outlined in AFI 48-123.  Once he has shown that he meet the physical standards, the Recruiter would then have justification for requesting a waiver to allow him to reenlist.  To arbitrarily change his separation and reentry codes prior to determining his medical status does not appear to solve the problem.  Another alternative would be to have the AFBCMR direct that permissive TDY orders be published in order to have the member medically evaluated at Wilford Hall Medical Center, Lackland AFB, Texas.

The complete evaluation is at Exhibit D.

AFPC/DPPAE determined that the applicant’s RE code of “2Q” is correct.  They make no recommendation.

The complete evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 16 Aug 02 for review and comment within 30 days.  To date, a response has not been received.

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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 warranting the applicant’s evaluation by the Air Force medical system.  Although he presented no clear-cut evidence that there were any errors made in the processing of his disability discharge, the Board was persuaded by the current medical statements he provided that he should undergo further evaluation.  The Board agrees with the observation made by AFPC/DPPD that it should not arbitrarily change the applicant’s separation and reentry codes without determining his medical fitness for military service.  In that regard we accept their alternative recommendation that the applicant should be medically evaluated before any decision is made.  Therefore, we recommend that the record be corrected as 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 travel 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 Docket Number 02-01053 in Executive Session on 25 September 2002, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 4 Feb 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, BCMR Medical Consultant, dated
                 13 May 02.
     Exhibit D.  Memorandum, AFPC/DPPD, dated 30 May 02.
     Exhibit E.  Memorandum, AFPC/DPPAE, dated 8 Aug 02.
     Exhibit F.  Letter, SAF/MIBR, dated 16 Aug 02.

                                   

AFBCMR 02-01053

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 XXXXXXXXX, XXX-XX-XXXX, be corrected to show that invitational travel 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.