RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01244 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of 2Q (Personnel Medically Retired or Discharged) be changed to a code that will allow him to reenlist in the Air Force Reserve. ________________________________________________________________ APPLICANT CONTENDS THAT: The RE code 2Q is unjust as the military never really figured out why his ankle was bothering him at the time of his service and it no longer bothers him at all. He has been working in the same career since four months after being discharged. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 31 Aug 00 for a period of six years and was progressively promoted to the grade of senior airman (E-4), effective and with a date of rank of 20 Feb 03. On 19 Dec 03, a Medical Evaluation Board (MEB) found the applicant unfit for continued military service for left ankle tarsal tunnel syndrome and referred him to the Informal Physical Evaluation Board (IPEB). The IPEB subsequently recommended the applicant’s disability discharge with severance pay and a disability rating of 10 percent. On 15 Jan 04, the applicant accepted the findings of the IPEB, waiving his right to a Formal Physical Evaluation Board (FPEB), and the Secretary of the Air Force directed his disability discharge with severance pay. On 26 Mar 04, he was honorably discharged for physical disability and assigned an RE code of 2Q. He was credited with 3 years, 6 months, and 26 days of total active service. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial, indicating the preponderance of the evidence reflects that no error or injustice occurred during the disability process or at the time of separation. The correct RE code for a person who is approved for a medical retirement or separation is 2Q. A complete copy of the AFPC/DPSD evaluation is at Exhibit C. AFPC/DPSOA recommends denial, indicating the 2Q RE code was appropriately assigned to reflect the applicant’s disability discharge in accordance with AFI 36-2606, Reenlistment in the United States Air Force. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provides a letter from his attending physician indicating that he has had no issues with his ankles or feet since Feb 10 (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 an error or injustice. We took notice of the applicant's complete submission, including his response to the Air Force evaluations, 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. No evidence has been presented which would lead us to believe the RE code of 2Q was not appropriately assigned or did not accurately reflect the circumstances of his medical discharge. Therefore, in the absence of sufficient 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 issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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 AFBCMR Docket Number BC-2010-01244 in Executive Session on 14 Oct 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Mar 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 26 May 10. Exhibit D. Letter, AFPC/DPSOA, dated 14 Jul 10. Exhibit E. Letter, SAF/MRBR, dated 6 Aug 10. Exhibit F. Letter, Applicant’s Physician, dated 26 Aug 10. Panel Chair