RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03444
		INDEX CODE:  110.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of “2Q” be changed to one that would allow him to reenlist.

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APPLICANT CONTENDS THAT:

His medical situation has been corrected.  The discharge code is preventing his return to service.

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant entered active duty on 12 Aug 98 as an aircraft electronic and environmental systems journeyman.  He began suffering from a degenerative back condition and was unable to perform normal daily activities due to pain and medication.

The applicant was referred to the Informal Physical Evaluation Board (IPEB) on 4 Feb 05, for chronic lower back pain associated with disc disease, status post lumbar facet denervation.  The IPEB recommended discharge with severance pay with a disability rating of 10 percent.  The member requested a hearing with the Formal Physical Evaluation Board (FPEB).  On 18 Mar 05, member met the Board with legal counsel.  The FPEB recommended discharge with severance pay with a disability rating of 20 percent.  Member rebutted the findings to the Secretary of the Air Force Personnel Council (SAFPC) requesting permanent disability retirement with a 40 percent disability rating.  The SAFPC reviewed the findings of both Boards and concurred with the recommendation of the FPEB for discharge with severance pay at a 20 percent disability rating.  SAFPC noted they found no evidence to justify overturning the decision of the FPEB.  They also noted member’s normal lower extremity sensory-motor function, bilateral negative straight-leg raise test, symmetrical deep tendon reflexes, and normal “coordinated” gait.  A message was sent which established the discharge date of 18 Jul 05.  Member served 6 years, 11 months, and 7 days of active military service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends denial.  The preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of separation.  DPPD stated 2Q is the correct reenlistment eligibility status code for a person who was approved for a medical retirement or separation.

The DPPD complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 Nov 07, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  To date, a response has not been received.

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  No evidence has been provided to reflect he was not treated fairly and properly by the Air Force and all procedures were followed.  In view of the above and absent evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 

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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-2007-03444 in Executive Session on 16 Jan 08, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-03444 was considered:

    Exhibit A.  DD Form 149, dated 29 Sep 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSD, dated 1 Nov 07.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Nov 07.