RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01547 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of “2Q” “Personnel medically retired or discharged” and separation code of “JFL” “Disability, Severance Pay” be changed to allow him to serve again in the military. _________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged for medical reasons. He has since been informed that he was wrongfully diagnosed with asthma. In support of his request, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, and a consult from his physician. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 2 May 01, the applicant entered active duty in the Regular Air Force. He was processed through the disability evaluation system for moderate persistent asthma. On 17 Dec 04, the Informal Physical Evaluation Board (IPEB) found the applicant unfit for continued service and recommended discharge with severance pay with a 10 percent disability rating for asthma. On 11 Jan 05, the applicant nonconcurred with the findings of the IPEB and demanded a formal hearing of the case. On 21 Jan 05, he retracted his decision and concurred with the IPEB’s recommendations and findings. On 17 Feb 05, the Secretary of the Air Force determined the applicant was physically unfit for continued military service and directed his discharge with severance pay. On 29 Mar 05, the applicant was honorably discharged with severance pay based on a disability rating of 10 percent; received an RE code of “2Q,” and was credited with 3 years, 10 months, and 28 days of active duty service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. DPSD states the IPEB found the member unfit for continued service based on the functional impact of the condition at that time. The preponderance of evidence reflects that no error or injustice occurred during the disability process. The April 2011 treatment notes from the applicant’s physician shows the diagnosis of asthma to be in question; however, there is no evidence the diagnosis was inaccurate at the time of his disability evaluation. The physician’s notes also report the applicant is “now having more problems, acute or chronic and I am continuing to treat as asthma, increasing inhaled steroids…” The complete DPSD evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request to change his RE code to one that would allow him to reenlist. DPSOA states the applicant’s RE code 2Q is correct based on his disability discharge. The complete DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 26 Aug 11, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit E). _________________________________________________________________ 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the 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 in this application. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2011-01547 in Executive Session on 18 Jan 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Apr 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 28 Jul 11. Exhibit D. Letter, AFPC/DPSOA, dated 16 Aug 11. Exhibit E. Letter, SAF/MRBR, dated 26 Aug 11.