RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00187
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) code be changed.

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APPLICANT CONTENDS THAT:

A Medical Evaluation Board (MEB) was still in process when her DD Form 214 (Certificate of Release or Discharge from Active Duty) was signed.  She questioned the code and was told it should not pose a problem if she tried to reenlist.  The result of her MEB was to return to duty.  She was on terminal leave and living in another state when she found out about the MEB results.  The 4K code will make reenlisting or getting a commission more complicated.  The code may also pose future problems with government jobs.

In support of her appeal, the applicant provided a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and a letter from AFPC/DPAMM, dated 22 October 2002.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 30 December 1998 in the grade of airman basic for a period of 4 years.

The applicant’s medical records reveal the following:

	In 1999, while in basic training the applicant developed severe right lower leg pain (had bilateral symptoms, right much greater than left), which persisted throughout her entire enlistment promoting extensive medical evaluation culminating in an MEB in September 2001.

	On 30 July 2001, the applicant’s commander indicated in a letter to the --th AMDS/SGPW that the applicant was absent from work between two and six times per month for reasons such as attending physical therapy and medical appointments/evaluations.  Due to her medical profile status she could not deploy with her unit even in a limited status or to limited locations.

	On 4 September 2001, the applicant met an MEB and they determined that the applicant suffered from chronic right leg stress syndrome.  It did not exist prior to service (EPTS) and the case was referred to the Physical Evaluation Board (PEB).  The physical examination indicated that the last x-ray of the applicant’s leg was on 14 March 2001.  The applicant underwent an Magnetic Resonance Imaging (MRI) of her lower extremity initially on 21 April 2000 which showed basically stress reaction within the marrow of the tibia.  The MRI was repeated on 29 June 2001 and showed no change from April.  Her prognosis was fair to good.  Restrictions were limited to no prolonged standing or running and to avoid physical training testing.

	On 22 March 2002, a Physical Profile Serial Report (AF Form 422) indicated that the applicant was found fit and was returned to duty.  However, applicant’s medical condition was considered restricting and required an Assignment Limitation Code C.  Applicant was not mobility qualified.  Her condition required a Review-In-Lieu-of MEB/PEB with an orthopedic surgeon.

On 9 December 2002, the applicant was honorably released from active duty, in the grade of staff sergeant, under the provisions of AFI 36-3208 (Completion of Active Service).  She completed 3 years, 11 months and 10 days of total active duty service.

The applicant received an RE code of 4K (Medically disqualified for continued service, or the airman is pending evaluation by MEB/PEB).

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AIR FORCE EVALUATION:

The AFBCMR Medical consultant recommended denial.  He indicated that a change in the RE code is not warranted but recommends an advisory opinion from the Medical Standards Branch at AFPC regarding the propriety of the assignment of the RE code.

The evaluation is at Exhibit C.

AFPC/DPAMM indicates that the applicant has had chronic leg pain since basic training.  In October 2001, she met an MEB and was returned to duty with an Assignment Limitation Code C.  Subsequently she met a Review-in-Lieu of MEB in October 2002 and was returned to duty and the C-code was removed.  This office no longer assigns C-codes to individuals with chronic orthopedic problems.  She voluntarily separated in December 2002 and would like to reenlist.  “Return to duty” on an MEB indicates that member is considered fit for retention.  Any decision on accession is handled through the AETC Surgeon’s Office.  It is fair to note that at the time of her separation, there were no limitations on her assignability by the Medical Standards Branch.

The evaluation is at Exhibit D.

AFPC/DPPAE indicated that since there is no documentation by the applicant’s former commander to indicate reenlistment eligibility under the Selection Reenlistment Program, they recommend that the Board correct the applicant’s RE code to reflect 3K (Reserved for use by HQ AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate).

The evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 July 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice that would warrant a change to her RE code.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that given the circumstances surrounding her separation from the Air Force, that the RE code should be changed.  The applicant has not provided any evidence which would lead us to believe otherwise.  The opinions from the Medical Standards Branch and Enlisted Accessions are duly noted.  However, we agree with the opinion from the BCMR Medical Consultant which indicates that any condition that interferes with general functional ability to such an extent as to prevent satisfactory performance of military duty may be disqualifying for continued service, retention or enlistment.  We note the applicant’s condition was determined to be not severe enough to warrant disability discharge; however, her condition, if unresolved may be disqualifying for reentry since it rendered her unable to deploy and meet Air Force fitness standards.  In view of the chronic nature of her condition, and the failure to improve despite protracted physical limitation and treatment, it would appear it is likely the condition could recur under similar circumstances routinely encountered in military service.  Further, the applicant has not submitted documentation indicating the nature of her medical condition since leaving the military.  The applicant is reminded that the current RE code is a waiverable code.  So, should she be otherwise qualified, she may request a waiver of the code should she desire to enlist in the Reserves.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00187 in Executive Session on 23 September 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 15 January 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, 
		       dated 4 April 2003.
   Exhibit D.  Letter, AFPC/DPAMM, dated 6 May 2003.
   Exhibit E.  Letter, AFPC/DPPAE, dated 3 July 2003.
   Exhibit F.  Letter, SAF/MRBR, dated 25 July 2003.