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

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01996
		INDEX CODE:  112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests his reenlistment eligibility (RE) code of 2Q be changed.

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STATEMENT OF FACTS:

On 11 December 1998, the applicant was discharged under the provisions of AFI 36-3212 (Disability, Severance Pay) with an honorable discharge.  He was assigned a reenlistment eligibility (RE) code of 2Q, “Personnel medically retired or discharged”.  He served a total of nine months and eight days active duty.

On 11 June 2003, the applicant submitted an application requesting his reenlistment eligibility (RE) code of 2Q be changed.  On 29 January 2004, the Board considered and denied the applicant’s request.  A complete copy of the Record of Proceedings is attached at Exhibit F.

On 23 March 2004, the applicant submitted a request for reconsideration, again requesting that his RE code be changed.  In support of his request, he provided a letter from a doctor attesting to his fitness for service and the absence of neurological residuals from his injury; and a letter from a doctor showing no history within the last four years of neurological complaints and no current symptomatology of any neurological disorder.  His complete submission is at Exhibit G.

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AIR FORCE EVALUATION:

Pursuant to the Board’s request, the BCMR Medical Consultant reviewed the applicant’s most recent submission and stated that a history of mild head trauma is not disqualifying for enlistment for general military duty if neurologic evaluation shows no residual dysfunction or complications.  Persistent post-traumatic sequelae such as headache and dizziness is disqualifying until full recovery has been confirmed by complete neurological and neuropsychological evaluation.  The applicant has provided sufficient evidence to support his claim he has fully recovered.  The BCMR Medical Consultant is of the opinion that medical evidence is sufficient to grant a change in the reenlistment code that would allow the applicant to apply for enlistment.  

This evaluation is at Exhibit H.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 April 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 14 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting a change in his Reenlistment Eligibility (RE) code.  In this respect, we note that the Chief Medical Consultant indicates the medical evidence provided by the applicant is sufficient to grant a change in the reenlistment code that would allow the applicant to apply for enlistment.  In view of the applicant’s apparent recovery, we believe his current RE code, that bars his reentry into the service, is unjust, and he should be given the opportunity to reenter the service.  Therefore, his code should be changed to a waiverable code.  The applicant should be aware that such a code does not guarantee his enlistment and whether a waiver is granted is based on the service to which he applies.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of his discharge on 11 December 1998, he was issued a reenlistment eligibility (RE) code of  “3K”.

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The following members of the Board considered this application in Executive Session on 4 August 2004, under the provisions of AFI 36-2603:

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

   Exhibit F.  Record of Proceeding, dated 12 Feb 04, w/atchs.
   Exhibit G.  Applicant's Letter, dated 23 Mar 04, w/atchs.
   Exhibit H.  Letter, BCMR Medical Consultant, dated 2 Apr 04.

                                   

AFBCMR BC-2003-01996

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 APPLICANT, be corrected to show that at the time of his discharge on 11 December 1998, he was issued a reenlistment eligibility (RE) code of  “3K”.