RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02882 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2Q (personnel medically retired or discharged) be changed to a code that allows him to reenlist. _________________________________________________________________ APPLICANT CONTENDS THAT: His prior condition was aggravated during Basic Military Training (BMT). He desires to have his RE code changed in order to fulfill his patriotic duty and serve in the military. In support of the request, the applicant provides a letter and copies of medical notes from his physicians. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 22 Aug 06, the applicant entered the Regular Air Force. On 30 Oct 06, a Medical Evaluation Board (MEB) determined the applicant had a Grade IV stress fracture of the right distal tibia and his case was referred to the Informal Physical Evaluation Board (IPEB). On 31 Oct 06, the IPEB concurred with the MEB findings and determined the applicant’s injury existed prior to service and was not aggravated through his military service. The IPEB noted the onset of the applicant’s condition was during BMT and opined his condition was due to deconditioning which existed prior to service (EPTS). Further, the IPEB found him unfit and recommended discharge under other than Title 10, Chapter 61, United States Code, EPTS. On 13 Nov 06, the applicant concurred with the findings and waived his right to a Formal Physical Evaluation Board (FPEB) hearing. The Special Assistant, Secretary of the Air Force Personnel Council directed the applicant’s discharge. On 17 Nov 06, the applicant was discharged with an uncharacterized entry level separation and a narrative reason for separation of Disability – Existed Prior to Service – PEB. He was credited with 2 months and 26 days of active service. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSD recommends denial. DPSD states the correct RE code for a person approved for a medical separation is 2Q. The preponderance of evidence reflects no error or injustice occurred during the applicant’s disability process or at the time of his separation. The complete HQ AFPC/DPSD evaluation is at Exhibit C. HQ AFPC/DPSOA recommends denial. DPSOA states that DPSD validated the applicant’s disability discharge processing and recommended denial. Further, the applicant’s current medical status has no affect on his RE code and the applicant has not provided any evidence of an error to his RE code. If the applicant is otherwise eligible for reentry, a waiver of his RE code by recruiting services would be more appropriate than changing his RE code to an invalid code to allow entry. The complete HQ 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 5 Nov 10 for review and comment within 30 days (Exhibit E). As of this date, this office has not received a response. _________________________________________________________________ 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 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-2010-02882 in Executive Session on 5 January 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSD, dated 18 Aug 10. Exhibit D. Letter, HQ AFPC/DPSOA, dated 15 Sep 10. Exhibit E. Letter, SAF/MRBR, dated 5 Nov 10. Panel Chair