RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02937
		INDEX CODE:  110.02
	 	COUNSEL: NONE 

	 	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed from 2Q, “personnel medically retired or discharged” to one that would allow her to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She is fit for duty and fully capable of serving her country, but the RE code of 2Q indicates otherwise.  Her health is not an issue and will not prevent her from successfully serving.

In support of her request, the applicant submits a copy of a Return to Work-Excuse Form, and a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 22 May 1992 for a term of 4 years.  On 17 June 1994, she was seen in the mental health clinic with depressed mood and diagnosed as Phase of Life Problem, related chronic pain.  A 20 April 1995 mental health evaluation diagnosed Pain Disorder, associated with psychological factors; Adjustment Disorder with depressed mood, No impairment for further military duty, Axis III Back injury, IV Stress of ongoing lawsuit.  She underwent a medical evaluation board that recommended Returned to Duty and forwarded the case to the Physical Evaluation Board.  The informal Physical Evaluation Board determined that she was unfit for continued duty due to chronic back and cervical pain, status post minor motor vehicle accident with pain disorder/adjustment disorder with depressed mood, no organic findings or military impairment, mild disorder/adjustment disorder with depressed mood, no organic findings or military impairment, mild civilian social and industrial impairment, unfit, 10%. The applicant waived her right to a Formal Physical Evaluation Board hearing and accepted the recommendation of the IPEB.

On 10 October 1995, the applicant was discharged from the Air Force, under the provision of AFI 36-3208, (Disability, Severance Pay).  She served three years, four months and nineteen days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  Available Department of Veterans Administration (DVA) medical documentation shows that in 1999 she still reported symptoms of the conditions for which she was disability discharged.  A September 2002 medical return to work form reports no recent problems with migraine headaches.  The documentation provided is insufficient to show that the applicant is now fit for active duty.  Her prolonged unfitting chronic neck and back pain (manifested by subjective complaints with normal examinations and imaging studies) was refractory to appropriate therapy.  Her pain was further intertwined with an adjustment disorder.  Although the adjustment disorder alone was not of sufficient severity to have warranted administrative discharge for unsuitability, it aggravated her chronic pain complaints and the conditions together interfered with duty performance.  A prior history of such militarily disqualifying symptoms indicates that there is a risk that such symptoms are likely to recur under similar or other stressful circumstances.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  The applicant received severance pay (10%) due to chronic back and neck pain associated with adjustment disorder.  The RE code of 2Q, “Personnel medically retired or discharged” is correct.

The DPPAE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 18 July 03, for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing her reenlistment eligibility (RE) code.  Evidence has not been provided in support of her appeal, which would lead us to believe that a change to her RE code is warranted.  Therefore, we agree with the opinions and recommendations of the BCMR Medical Consultant and the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2002-02937 in Executive Session on 21 October 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 1 Aug 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, BCMR Medical Consultant, dated 11 Jun 03.
	Exhibit D.	Letter, AFPC/DPPAE, dated 11 Aug 03.
	Exhibit E.	Letter, SAF/MRBR, dated 22 Aug 03.