RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00694 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2Q (Personnel medically retired or discharged) be changed to a code that would allow him to reenlist. _________________________________________________________________ APPLICANT CONTENDS THAT: He believes he was misled during his separation process as to his eligibility to reenlist. In support of his request, the applicant provides personal statements and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 2 May 2006. During Basic Military Training (BMT) on 7 May 2006, the applicant fell while marching and started to feel pain in his right elbow. He was medically treated and placed on medical hold on 8 May 2006. He was later diagnosed with a radial head fracture. A Medical Evaluation Board (MEB) convened on 1 August 2006 and referred his case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of right radial head fracture. On 18 August 2006, the IPEB found him unfit for further military service and recommended discharge with severance pay. The applicant agreed with the findings and recommended disposition of the IPEB. On 21 August 2006, the Office of the Secretary of the Air Force directed the applicant be separated from active service for physical disability. He served 3 months and 23 days on active duty. Airman are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days continuous active service. The Department of Defense (DOD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. DPSOA states the RE code is correct based on SAF directed discharge for physical disability with severance pay. The DPSOA complete evaluation is at Exhibit C. AFPC/DPSD recommends denial. DPSD states the correct RE code for a person who is approved for a medical retirement or separation is 2Q. The preponderance of evidence reflects that no error or injustice occurred during the disability process or at time of separation The DPSD complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the evaluation and states that an injustice occurred during his discharge processing. He was misled (not necessarily intentionally) into making a decision that significantly changed his life and completely ended his lifelong dream to serve in the military. He would not have ended his career had he known that it would have been 100 percent permanent. He thought he was making an informed decision when in fact he was acting on incorrect information. The applicant's complete response, with attachments, is at Exhibit F. _________________________________________________________________ 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 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 the applicant has not been the victim of an error or injustice. The RE code “2Q” was the appropriate code given the circumstances of the applicant’s discharge. A “2” series RE code bars immediate reenlistment. However, it is at the discretion of any branch of service to determine if a waiver is appropriate. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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 AFBCMR Docket Number BC-2010-00694 in Executive Session on 30 September 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00694 was considered: Exhibit A. DD Form 149, dated 17 February 2010, w/atch. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, AFPC/DPSOA, dated 5 April 2010. Exhibit D. Letter, AFPC/DPSD, dated 12 April 2010. Exhibit E. Letter, SAF/MRBR, dated 11 June 2010. Exhibit F. Letter, Applicant, 6 April 2010, w/atchs.