ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01053

	XXXXXXXXXXXXXXX	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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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.”

On 25 September 2002, the Board considered the applicant’s request and determined that the applicant should be medically evaluated before it rendered a decision regarding the applicant’s request.  The Board therefore directed that the applicant be issued invitational travel orders to Wilford Hall Medical Center for the purpose of undergoing a physical examination to determine his fitness for reentry into military service and that the results be forwarded to the Board for a final determination on his request.

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AIR FORCE EVALUATION:

AFPC/DPPD forwarded the results of the physical examination conducted on the applicant at Wilford Hall Medical Center.  They do not make any further recommendation regarding the applicant’s request.

The applicant underwent a physical examination at Wilford Hall Medical Center on 17 Dec 02.  He was found to be worldwide qualified for military service.  The examining physician did point out that he was unable to explain why the applicant experienced pain of an incapacitating nature in his lower back several years ago while on active duty.  He also indicated that he could not predict the applicant’s risk of experiencing such in the future.

The complete evaluation, with attachments, is at Exhibit H.

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APPLICANT”S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 Jan 02 for his review and response within 15 days.  To date the applicant has not responded.

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ADDITIONAL EVALUATION:

After again reviewing the complete evidence of record and the results of the applicant’s examination, the Board determined that should it grant the applicant’s request to change his RE code and narrative reason for separation, his entitlement to the $2235.60 he received in disability severance pay might be eliminated requiring him to reimburse the Air Force regardless of whether he actually reentered service.  Consequently, the Board directed that the applicant be notified in writing of this possibility and be required to advise the Board, in writing, if he desired that the Board continue its consideration of his case.

The letter advising the applicant is at Exhibit J.

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APPLICANT’S REVIEW OF ADDITIONAL EVALUATION:

The applicant responded to the letter sent by the Board by stating that he had no further information to add to his case and that he desired that the Board proceed with his case.

The applicant’s response is at Exhibit K.

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THE BOARD CONCLUDES THAT:

After receiving the results of the applicant’s physical examination and his acknowledgement that he may be required to repay the disability severance pay he previously received, the Board believes that the applicant’s RE code and narrative reason for separation should be changed to allow him to apply for reentry into military service.  The relief that the Board recommends will in no way guarantee that the applicant will be accepted for military service, only that he will not be excluded from applying.  This recommendation also does not mean that the previous discharge action was in error or constituted an injustice at the time.  The Board notes that the applicant’s records do not contain any evidence of misconduct or poor performance, only that he was found physically unfit for continued service.  Since the applicant is now considered fit for military service, the Board believes that he should be afforded the opportunity to seek reentry into military service.  Therefore the Board recommends that the applicant’s records 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 on     23 August 1999, he was discharged under the provisions of AFI 36-3208 by reason of “Secretarial Authority,” with a separation code of “JFF” and issued a Reenlistment Eligibility (RE) code of “3K.”

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The following members of the Board considered Docket Number 02-01053 in Executive Session on 12 March 2003, under the provisions of AFI 36-2603:

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

     Exhibit G.  Record of Proceedings, dated 9 Oct 02,
                 w/atchs.
     Exhibit H.  Memorandum, AFPC/DPPD, dated 7 Jan 03,
.                w/atch.
     Exhibit I.  Letter, AFBCMR, dated 22 Jan 03.
     Exhibit J.  Letter, AFBCMR, dated 6 Mar 03.
     Exhibit K.  Letter, Applicant, dated 8 Mar 03.

                                   

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 on 23 August 1999, he was discharged under the provisions of AFI 36-3208 by reason of “Secretarial Authority,” with a separation code of “JFF” and issued a Reenlistment Eligibility (RE) code of “3K.”