RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04254 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of 2Q (Personnel Medically Retired or Discharged) and separation program designator (SPD) code of JFL (Disability, Severance Pay) be changed to allow him to be eligible to reenlist. ________________________________________________________________ APPLICANT CONTENDS THAT: The record is in error. He was medically separated for Chron’s disease; however, since his discharge, the Department of Veterans Affairs (DVA) has instead established that he suffers from colitis. Since his last procedures in Jun 10, the DVA doctors have given him a great prognosis and he is no longer taking medication. In support of his request, the applicant provides an expanded statement and copies of his DD Forms 214, Certificate of Release or Discharge from Active Duty, National Guard Bureau Form 22, Report of Separation and Record of Service, and excerpts of his service medical records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 7 Mar 02 and was progressively promoted to the grade of senior airman (E-4), effective and with a date of rank of 7 Sep 04. On 18 Sep 07, a Medical Evaluation Board (MEB) found the applicant unfit for continued military service for inflammatory bowel disease, most likely Crohn’s disease, and referred him to the Informal Physical Evaluation Board (IPEB). On 7 Nov 07, the IPEB reviewed the MEB findings and recommended discharge with severance pay and a disability rating of ten percent for Crohn’s disease. On 27 Nov 07, the applicant concurred with the findings of the IPEB and on 28 Nov 07, the Secretary of the Air Force directed his separation for physical disability. On 7 Jan 08, the applicant was furnished an honorable discharge for physical disability and assigned an RE code of 2Q (Personnel medically retired or discharged) and an SPD code of JFL (Discharge: disability, severance pay). He was credited with 5 years, 10 months, and 1 day 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, D, and E. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial, indicating a preponderance of the evidence reflects that no error or injustice occurred during the disability process. The IPEB recommended the applicant’s discharge with severance pay with a combined compensable disability rating of ten percent noting that Crohn’s is a chronic disease for which there is no cure, which has a waxing and waning course, and is sometimes unpredictable. The applicant agreed with the IPEB’s findings and recommendation in his case. He could have non-concurred and requested to appear before the Formal Physical Disability Evaluation Board (FPEB), represented by counsel. Further, if he disagreed with the FPEB’s recommendation, he could have submitted a rebuttal and his case would have been forwarded to the Secretary of the Air Force Personnel Council for their review and finalization. This appeal process, when followed, assures members receive the benefit of a full and fair hearing in accordance with disability policy. Additionally, the applicant’s DVA medical records make it clear that he has continued to receive treatment, including an in-patient hospitalization, for Crohn’s disease since his discharge. Finally, Crohn’s disease, ulcerative colitis, and duodenal ulcer are all rated together as one evaluation and the DVA gave the applicant a ten percent rating under this diagnostic code on 22 Dec 08. A complete copy of the AFPC/DPSD evaluation is at Exhibit C. AFPC/DPSOA recommends denial, indicating the 2Q RE code is required in accordance with AFI 36-2606, Reenlistments in the US Air Force, based on his disability discharge. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. The AFBCMR Medical Consultant recommends denial, indicating the applicant has not met the burden of proof of an error or injustice that warrants the desired change to the record. While he has reported that his diagnosis has been changed from Crohn’s disease to colitis, both conditions are considered inflammatory bowel disease; and inflammatory bowel disease due to any cause may pose an unreasonable risk for unexpected acute exacerbation, resulting in either mission degradation or a risk to the service member’s health and well being. This is particularly relevant in the context of the austere operational conditions confronting the members of all Military Departments under today’s wartime footing. While the applicant was originally retained after successful control of his disease in 2004 and able to complete an overseas tour of duty, it was likely the recurrent bouts with the disease and uncertain risks imposed that resulted in his ultimate release from the service. Thus, even through the applicant has been given a “good prognosis” it does not rule out a future recurrence and possible negative mission impact. In any event, even if the Board decided to change the applicant’s RE code, he would still require a waiver to enter the service as either diagnosis of Crohn’s disease or colitis is disqualifying for service entry in accordance with DoD Instruction 6231.03, Medical Standards for Appointment, Enlistment, or Induction in the Military Service. A complete copy of the AFBCMR Medical Consultant’s evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 27 Jun 11 for review and response within 30 days. As of this date, no response has been received by this office (Exhibit F). ________________________________________________________________ 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 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 opinions and recommendations of the Air Force offices of primary responsibility and the AFBCMR Medical Consultant and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. The applicant’s contentions are duly noted; however, we find no evidence of an error on the part of the Air Force in carrying out the IPEB and the applicant’s subsequent disability separation, including the assignment of the contested RE and SPD codes. Therefore, absent evidence that appropriate standards were not applied, or the applicant was not afforded rights to which he was entitled, we find no basis to recommend granting the requested relief. 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 material 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-2010-04254 in Executive Session on 4 Aug 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Oct 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 30 Dec 10. Exhibit D. Letter, AFPC/DPSOA, dated 11 Feb 11. Exhibit E. Letter, AFBCMR Medical Consultant, dated 21 Jun 11. Exhibit F. Letter, SAF/MRBR, dated 27 Jun 11.