RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02028

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2Q be changed to 1J or 1R.

His separation code of JFL be changed to SKF.

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APPLICANT CONTENDS THAT:

He was medically separated from the Air Force as a result of chronic left shoulder pain.  At that time, there were limitations on his shoulder as a result of recovering from two consecutive surgeries.  Since his discharge, he has obtained full use of his shoulder, and does not have any limitations.  Despite his overall improved performance, he cannot presently reenter the Air Force or Air Force Reserve because of his separation and RE codes.  As a result of his most recent evaluation by a physician, he now believes the codes are unjust.

In support of his appeal, the applicant provided a personal statement, extracts of his medical records, and his separation document.

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 18 Jul 96 for a period of four years.

In Jan 00, the applicant injured his left shoulder while weightlifting.  In Sep 01, he again injured the shoulder while playing football.

On 23 Oct 02, a Medical Evaluation Board (MEB) convened and established a diagnosis of chronic left shoulder pain.  The MEB recommended that the applicant’s case be referred to an Informal Physical Evaluation Board (IPEB).

On 5 Nov 02, an Informal Physical Evaluation Board (IPEB) convened and established a diagnosis of chronic left shoulder pain status post rotator cuff repair.  The IPEB recommended that the applicant be discharged with severance pay with a disability rating of 10 percent.

On 12 Nov 02, the applicant disagreed with the findings and recommended disposition of the IPEB and demanded a formal hearing of the case.

On 14 Jan 03, a Formal Physical Evaluation Board (FPEB) convened and established a diagnosis of moderate, severe chronic left shoulder pain status post rotator cuff repair.  The FPEB recommended that the applicant be discharged with severance pay with a disability rating of 20 percent.  The applicant agreed with the findings and recommended disposition of the FPEB.  

On 22 Jan 03, the Secretary of the Air Force directed that the applicant be separated from active service for physical disability under the provisions of 10 USC 1203, with severance pay.

On 7 Mar 03, the applicant was honorably discharged under the provisions of AFI 36-3212 (Disability, Severance Pay).  He was assigned an RE code of 2Q (Personnel medically retired or discharged), and a separation code of JFL.  He was credited with 6 years, 7 months, and 20 days of active service.

After reviewing the applicable Air Force Instructions, AFI 36‑2606 and AFI 36-3212, it appears the RE and separation codes are correct.

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AIR FORCE EVALUATION:

The Medical Consultant recommended denial indicating that although the applicant’s left shoulder was doing well following his discharge, he has an established clinical pattern of recurrent shoulder problems marked by prolonged periods of duty limitation.  This history combined with the nature of his injury that included both tear of the rotator cuff and injury to the cartilaginous lip of the joint (labral tears), makes him at risk for recurrent pain incompatible with the long-term requirements of military service.  In the Medical Consultant’s view, the action and disposition in this case were proper and equitable reflecting compliance with Air Force directives that implement the law, and that no change in the records is warranted.

A complete copy of the Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 19 Dec 03 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s uncorroborated assertions or the documentation presented sufficiently persuasive to override the rationale provided by the Medical Consultant.  The evidence of record indicates the applicant was discharged by reason of physical disability with severance pay.  There is no indication in the evidence provided that the applicant’s discharge was improper or contrary to the provisions of the directive under which it was effected.  As a result of his discharge, the applicant was assigned an RE code of 2Q.  It appears that the code was appropriately assigned and accurately reflected the circumstances of his separation, and, we find no evidence to indicate the assigned RE code was in error.  While there is some indication the applicant’s medical condition has improved, we agree with the Medical Consultant’s assessment that because of the history and nature of his injury, he is at risk for recurrent problems which could again affect his military service.  In view of the foregoing, and in the absence of evidence to the contrary, we adopt the Medical Consultant’s rationale and conclude that no basis exists to recommend favorable action on the applicant’s request that his RE and separation codes be changed.

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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 AFBCMR Docket Number BC-2003-02028 in Executive Session on 10 Feb 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Medical Consultant, dated 17 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.