RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03451 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His reenlistment eligibility (RE) code of 6U (ANG not selected for retention by the commander) be changed to an RE code 1 (eligible). 2. His NGB Form 22 EF, Report of Separation and Record of Service, Block 18, Remarks, be change to reflect that his discharge was medically related due to the presence of a medical disability. ________________________________________________________________ APPLICANT CONTENDS THAT: He was mislead and given assurances by his chain of command that if his mental state improved to the point that he remained solely on a single medication, Zoloft, his medical status would no longer be in question and he would be fully deployable. His local medical group acted arbitrarily and capriciously by referring him to the Surgeon General’s office at the National Guard Bureau (NGB) for a medical evaluation, when there was no evidence or authority justified for such a referral. His commander’s impact statement was unfair, not justified and unduly prejudicial to his full time position and had the effect of denying any chance of a change in his deployment status. At the time of his re-examination for his medical waiver, there existed no evidence that he was solely taking the medication Zoloft. He was never given the pertinent documents associated with his medical determination. In support of his appeal, the applicant provides a statement from counsel and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 20 Nov 09, the applicant was honorably discharged from the Air National Guard (ANG) and United States Air Force Reserve (USAFR), with a reason for separation of expiration of enlistment, and an RE code of 6U. He was credited with 12 years, 10 months, and 5 days during this period of service. ________________________________________________________________ THE AIR FORCE EVALUATION: NGB/A1PS recommends his NGB Form 22 be changed to reflect a medical separation and denial of a change to the RE code. They noted that an examination of submitted documentation indicated he was discharged as a result of the unit not having a non-mobility position available for him. He was filling a non- mobility position because he was on medication associated with a condition that rendered him ineligible to deploy. He received advice from personnel in his leadership chain that, if he could wean himself from two of the medications he was taking, he could be returned to full mobility status. As it turns out, this was poor advice, not only because they were not medically qualified to give such advice, but also because it was his condition that disqualified him in the first place. Since this oversight appears to be an administrative error, partial relief is recommended. They do not recommend a change to the RE code because his condition renders him ineligible to reenlist. However, his NGB Form 22 should be corrected to reflect a medical separation since he was medically disqualified prior to being separated. The complete NGB/A1PS evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant/counsel on 18 Nov 11 for review and response. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 in regard to the applicant’s request to change his RE code. We note at the time members separate from the Air Force, they are furnished an RE code predicated upon the quality and the circumstances of their separation. The applicant’s RE code of 6U accurately reflects that he was not recommended for retention. Additionally, we note counsel’s contentions that his local medical group was arbitrary and capricious by referring his case to the Air National Guard Surgeon General (ANG/SG); however, in our view, it appears the commanders took every action necessary, including placing him in a non-mobility position to ensure the applicant was eligible to remain in the unit as long as possible. He was afforded every level of medical review and given an opportunity to appeal his case for a fitness determination through the Disability Evaluation System (DES); however, ANG/SG ultimately determined he was not worldwide qualified. Therefore, based on the totality of the circumstances surrounding the applicant’s case, we do not support a change to his RE code. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action in regard to the reason for the applicant’s discharge. We note the comments and recommendation provided by the National Guard Bureau office of primary responsibility (OPR) that the applicant’s reason for separation should be changed to a medical separation. In addition, we note the OPR’s recommendation is based on the fact the applicant was medically disqualified prior to separation. Therefore, we also conclude that the applicant’s reason for separation should accurately reflect the circumstances of his separation as medically disqualified. In view of the above, we recommend his record be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 20 November 2009, he was discharged from the Air National Guard and Reserve of the Air Force, under the provisions of ANGI 36- 2101, paragraph 2.5., (Ineligibility for worldwide deployment- medical disqualification) with Separation Program Designator (SPD) Code “JFT.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03451 in Executive Session on 22 May 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Aug 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PS, dated 8 Nov 11, w/atch. Exhibit D. Letter, SAF/MRBR, dated 18 Nov 11.