RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00407 INDEX CODE: 112.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ 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 can be still an effective member of the Armed Forces as evident by the recommendations by his commander and flight surgeon. The recommendations stated that the best outcome would be for him to remain in the Air Force and retrain into another career field. His initial Medical Evaluation Board (MEB) report stated that his condition was not permanently aggravated by service. He believes he was a victim of massive budget cuts. In support of his request, the applicant provides documents extracted from his military personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 12 July 2005. A Medical Evaluation Board (MEB) convened and referred his case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of panic disorder without agoraphobia. On 1 April 2008, the IPEB found him unfit for further military service and recommended discharge with severance pay with a disability rating of 10%. The applicant agreed with the findings and recommended disposition of the IPEB. On 9 April 2008, the Office of the Secretary of the Air Force directed the applicant be separated from active service for physical disability. He was honorably discharged on 19 May 2008. He served 2 years, 10 months and 8 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. DPSD states it is not in the purview of the IPEB to recommend cross training as part of their adjudication. The correct RE code for a person who is approved for a medical retirement or separation is 2Q. The applicant’s current DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the correct RE code of 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 C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided a DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552, dated 15 June 2010, and states his RE code according to his discharge orders should reflect 4K (Medically disqualified for continued service, or the airman is pending evaluation by MEB/PEB) rather than 2Q. The applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ 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. 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 2Q accurately reflects his disability discharge with severance pay. Therefore, after a thorough review of the evidence of record, we believe that given the circumstances surrounding the applicant’s separation, the RE code issued was in accordance with the governing instruction. We note the applicant’s reference to AF IMT 100, Request and Authorization for Separation, which reflects an RE code of “4K” however, this form is a preliminary form used prior to the publication of the DD Form 214 which is the official certificate of release or discharge. In view of the above, we find no basis to recommend granting the relief sought in this portion of the 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 issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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-2010-00407 in Executive Session on 19 August 2010, under the provisions of AFI 36-2603: r The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00407 was considered: Exhibit A. DD Form 149, dated 28 January 2010, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 23 February 2010. Exhibit D. Letter, SAF/MRBR, dated 19 March 2010. Exhibit E. DD Form 149, dated 15 June 2010, w/atchs.