RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03314 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His Separation Authority of AFI 36-3212, Physical Evaluation for Retention, Retirement and Separation be changed. 2. His reentry (RE) code of 2Q (Personnel Medically Retired or Discharged) be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: He received a service-connected disability from the Department of Veterans Affairs (DVA) on 14 April 2010. The VA stated he was in sound condition when he enlisted in the military. In support of his request, the applicant provides a copy his DD Form 214, Certificate of Release or Discharge from Active Duty and his DVA rating. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 5 January 2010, the applicant enlisted in the Regular Air Force. On 11 March 2010, an Informal Physical Evaluation Board (IPEB) found the applicant unfit for continued military service for Temporal Lobe Epilepsy, resulting in his discharge under other than Chapter 61, 10 USC. The IPEB stated the applicant’s medical condition existed prior to service (EPTS) and had not been permanently aggravated through military service. On 18 March 2010, the applicant accepted the findings of the IPEB and waived his right to a Formal Physical Evaluation Board (FPEB). On 22 March 2010, the Secretary of the Air Force (SecAF) directed the applicant be discharged from active service for physical disability due to a condition that existed prior to service (EPTS). The SecAF stated the applicant was not entitled to any benefits under the provisions of Chapter 61, Title 10, U.S.C. On 25 March 2010, he was honorably discharged for physical disability and assigned an RE code of 2Q. He was credited with 2 months and 21 days of total active service. The remaining relevant facts pertaining to this application is contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. DPSD states the preponderance of the evidence reflects that no error or injustice occurred during the disability process or at the time of separation. The request to amend or change his DD Form 214 is in violation of Air Force Instructions and is not authorized. The complete DPSD evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 5 November 2010, a copy of the Air Force evaluation was forwarded to applicant 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 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 in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its 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-2010-03314 in Executive Session on 24 February 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Sep 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 28 Sep 10. Exhibit D. Letter, SAF/MRBR, dated 5 Nov 10.