RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-02026
		INDEX NUMBER: 100.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Separation Code of “JFL” and Reentry Code of “2Q” be changed.

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THE APPLICANT CONTENDS THAT:

At his request, his Department of Veterans Affairs (DVA) compensation was terminated effective 1 March 1999, and all paid severance to him was refunded.  He was of the understanding that his DD Form 214, Certificate of Release or Discharge from Active Duty, would be corrected automatically at the time his DVA compensation was terminated.

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

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Air Force on 1 February 1994.  He was presented to a Medical Evaluation Board (MEB) due to chronic pain in his left tibia.  The MEB referred him to an Informal Physical Evaluation Board (IPEB) based on the diagnosis of chronic left leg pain secondary to stress changes in the left tibia, not responding to adequate treatment, no evidence of stress fracture.  The IPEB found him unfit for continued military service and recommended his discharge, with severance pay.  He concurred with the IPEB findings.  On 1 November 1994, the Secretary of the Air Force Personnel Council (SAFPC) directed his separation for physical disability and he was honorably discharged on 6 December 1994, under the provisions of AFI 36-3212 (Disability, Severance Pay), with Separation Code “JFL,” and issued a Reentry Code of “2Q - Personnel medically retired or discharged.”  He completed 10 months and 6 days of active service.  He received separation pay in the amount of $1866.60.

He enlisted in the XXXXXX Air National Guard (XX ANG) and the Air Force Reserve on 15 August 1997, for a period of six years.  He was honorably discharged from the XX ANG and Air Force Reserve on 29 April 2003.

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AIR FORCE EVALUATIONS:

The Chief Medical Consultant states, in part, that although no change to the record is warranted, indirect evidence of the applicant’s three years of active XX ANG service suggests his leg condition has resolved and a change to his Reentry Code can be reasonably considered.  However, such a change is not equivalent to a medically qualified finding for enlistment and does not guarantee acceptance by the Air Force for enlistment.

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

AFPC/DPPRS recommends the application be denied, and states, in part, that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.

The AFPC/DPPRS evaluation, with attachments, is at Exhibit D.

AFPC/DPPAE states the RE Code assigned at the time of his 6 December 1994 medical discharge is correct.  RE Code waivers for enlistment are considered and approved based on the needs of the service and recruiting initiatives at the time of the enlistment inquiry.

The AFPC/DPPAE evaluation is at Exhibit E.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the Air Force evaluations were forwarded to the applicant on 30 January 2004, for review and response within 30 days.  However, 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of an error or injustice.  In this respect, we note that based on the diagnosis of chronic left leg pain secondary to stress changes in the left tibia, not responding to adequate treatment, no evidence of stress fracture, an IPEB found him unfit for continued military service and recommended his discharge, with severance pay.  He concurred with the findings of the IPEB and the SAFPC directed his disability discharge.  Since his discharge, he completed a six-year enlistment in the XX ANG.  The BCMR Medical Consultant opines that although no change to the record is warranted, the applicant’s three years of active XX ANG service suggests his leg condition has resolved and a change to his Reentry Code can be reasonably considered.  While it appears his leg condition may now be resolved, the Reentry Code issued at the time of his separation accurately reflects that he was medically discharged.  We do not find this code to be in error or unjust.  In the absence of evidence that his medical discharge was inappropriate, we find no basis to disturb the existing record.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered Docket Number BC-2003-02026 in Executive Session on 18 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 17 Nov 03.
    Exhibit D.  Letter, AFPC/DPPRS, dated 10 Dec 03, w/atchs.
    Exhibit E.  Letter, AFPC/DPPAE, dated 20 Jan 04.
    Exhibit F.  Letter, SAF/MRBR, dated 30 Jan 04.