RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01733 INDEX CODE: 112.10
	COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her reenlistment elibility(RE) code be changed so she can enlist in the armed service.

APPLICANT CONTENDS THAT:
Her injured shoulder does not interfere with her ability to perform her duties. The injury occurred while she was in the Army. After completing four years in the Army, she received an RE Code of "1". Upon entering the Air Force, her shoulder did not stop her from passing the physical fitness test. She has now earned her degree and would like a second chance in the military.

In support of her application, the applicant submits an unofficial copy of her college transcript.

Applicant's complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:
Applicant enlisted in the Air Force on 7 November 2002 for a period of four years and was progressively promoted to staff sergeant.

On 20 January 2005, the applicant met a Medical Evaluation Board (MEB) for right shoulder pain and was referred to an Informal Physical Evaluation Board (IPEB).

On 25 January 2005, the applicant's commander forwarded a mission impact statement for continued service to the MEB stating the applicant was unable to deploy and fulfill the squadron's wartime mission.

On 5 April 2005, the applicant met an IPEB for right shoulder pain associated with adhesive capsulitis. The IPEB concluded that the applicant's medical condition prevented her from reasonably performing the duties of her office, grade, rank or

rating. The IPEB recommended discharge with severance pay with a disability rating of 10 percent. On 7 April 2005, the applicant concurred with the findings.

On 12 April 2005, the Secretary of the Air Force directed the member be separated from active duty for physical disability under the provisions of Title 10, USC 1203, with severance pay.

On 23 May 2005, the applicant was honorably discharged with severance pay with an RE code of "4K” (Medically disqualified for continued service or pending MEB/PEB), after serving a total of 6 years, 10 months and 10 days of active service.

On 23 May 2005, AFPC/DPSD corrected the applicant's DD Form 214 to reflect the correct RE code of "2Q" (Medically retired or discharged).

AIR FORCE EVALUATION:
AFPC/DPSD recommends denial and states the preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of separation.

AFPC/DPSD complete evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 23 May 2008 for review and comment within 30 days. As of this date, this office has received no response.

THE BOARD CONCLUDES THAT:

1.	The	applicant	has	exhausted	all	remedies	provided	by	
existing	law or regulations.			
2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice concerning the applicant’s RE code. The applicant has provided no evidence showing that her assigned RE code is in error or contrary to the prevailing instruction. The RE code which was issued at the time of applicant’s separation accurately reflects the circumstances of her separation and we do not find this code to be in error or unjust. 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
2.	
applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.

THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered Docket Number BC- 2008-01733 Executive Session on 9 July 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 May 08, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 14 May 08.
Exhibit D. Letter, SAF/MRBR, dated 23 May 08.