RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01015 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2Q (Personnel medically retired or discharged) and separation code JFL (Disability, Severance Pay) be changed to allow him to reenter military service. _________________________________________________________________ APPLICANT CONTENDS THAT: He was informed by separations that if his condition could be corrected he could reenter military service. When he attempted to reenter he was told that he could not due to his RE code. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge From Active Duty, and a letter from his physician and congressman. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 13 Jan 00, the applicant contracted his enlistment in the Regular Air Force. He was progressively promoted to the grade of staff sergeant, having assumed the grade effective and with a date of rank of 1 Jun 03. He served as an Aerospace Maintenance Journeyman. While on active duty the applicant was involved in a motor vehicle accident. He was treated and diagnosed with chronic thoracic back pain. He underwent a Medical Evaluation Board (MEB) on 12 Oct 04. The MEB referred his case to the Informal Physical Evaluation Board (IPEB). The IPEB found the applicant unfit and recommended discharge with severance pay with a 10 percent disability rating. On 23 Dec 04, the applicant concurred with the findings and recommendation of the IPEB. On 21 Jan 05, the Secretary of the Air Force (SAF) directed the applicant be discharged for a physical disability with severance pay. On 19 Mar 05, he was honorably discharged with severance pay with a 10 percent disability rating. He served five years, two months and seven days of active service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. DPSD notes the AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Boards, dated 1 Nov 04, stated the applicant’s medical condition prevented him from reasonably performing the duties of his office, grade, rank or rating. DPSD states the RE code 2Q is the correct code for an individual who was approved for a medical retirement or separation. DPSD further states the preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of separation. The complete AFPC/DPSD evaluation is at Exhibit C. AFPC/DPSOA recommends denial. DPSOA notes the applicant’s narrative reason for separation was “Disability, Severance Pay”, and he received $20,607.00 in severance pay. DPSOA further states it is not the RE code that is preventing the applicant from reentering military service, but each military component’s policies regarding RE codes; as each service component decides what they will and will not waive. The complete AFPC/DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 2 Jul 10, for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ 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 an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of proof of the existence of either an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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 issue(s) involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant is 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01015 in Executive Session on 1 Sep 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 14 Apr 10. Exhibit D. Letter, AFPC/DPSOA, dated 28 May 10. Exhibit E. Letter, SAF/MRBR, dated 2 Jul 10.