RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00782 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be changed to a medical retirement. _________________________________________________________________ APPLICANT CONTENDS THAT: Following his placement on the Temporary Disability Retired List (TDRL), which was due to his diagnosis of grade 2/4 Oligoastrocytoma in the right parietal lobe, associated with Seizure Disorder; and, his subsequent “return to duty” determination, he chose to separate. However, he was told that he could reenlist with the reentry code of “3K” (Reserved for use by HQ AFPC or the AFBCMR) that he received at the time of his separation. He has attempted several times to reenlist, but has been continuously refused. In January 2012, he had a seizure and passed out. Until this time he had experienced no side-effects and was un-medicated. After speaking with several Air Force and government officials, he was told it would be best for him to seek retirement at his grade of E-5 even though he was declared “fit for duty.” In support of his appeal, the applicant provides a personal statement; and, copies of his college transcripts; release from TDRL order; and his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 26 August 1998. On 18 May 2004, an MEB diagnosed the applicant with Brain Neoplasm – Grade 2/4 Oligoastrocytoma, Right Parietal Lobe, Status Post Excision and Chemotherapy Associated with Seizure Disorder (Currently Controlled). The MEB referred the applicant’s case to the Informal Physical Evaluation Board (IPEB). The IPEB concurred with the findings of the MEB and recommended the applicant be placed on the TDRL with a 100 percent disability rating. The applicant was placed on the TDRL and retired effective 3 November 2004. He served 6 years, 2 months, and 7 days on active duty. On 3 March 2006, the applicant underwent a TDRL re-evaluation exam. The IPEB reviewed the new medical information and recommended he be removed from the TDRL as being fit to return to duty, noting his medical condition had stabilized. The applicant was authorized to reenlist for a period of four, five, or six years. On 20 March 2006, the applicant concurred with the IPEB findings and indicated he had no desire to reenlist in the Air Force Reserve or in the Regular Air Force. Special Order ACD- 00646, dated 4 April 2006, was issued removing the applicant from the TDRL without entitlement to disability severance pay effective 24 April 2006. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFD recommends denial. DPSD states that the preponderance of evidence reflects no error or injustice occurred during the disability process. The complete DPFD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: He was placed on the TDRL against his wishes even though his squadron commander submitted a request in his behalf for him to be retained on active duty. After his removal from the TDRL, he elected to separate because his reentry code was upgraded to a “3K” and he wanted to pursue a commission in the Air Force; therefore, he returned to college in 2006. After being refused by the Air Force Reserve Officer Training Corps, he attempted entry into the Army and Army Reserve to no avail. He was also turned down by the Navy. Even though he was told that he could reenter the service with a “3K” reentry code he has found that no branch of service is waiving it. The applicant’s complete rebuttal 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 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 and do not find that it supports a determination that his discharge was improper or contrary to the provisions of the governing regulations. Other than his own assertions, the evidence of record appears to indicate the applicant was afforded due process through the disability evaluation system and we find the evidence submitted insufficient to determine otherwise. We therefore 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. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. As a matter of information, a “3K” reentry code simply affords a member an opportunity to apply for a waiver to enlist in the armed services. Rejoining the military will depend on the needs of the respective military services at the time. 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-2013-00782 in Executive Sessions on 24 October 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-00782: Exhibit A. DD Form 149, dated 16 Nov 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFD, dated 5 Mar 13. Exhibit D. Letter, SAF/MRBR, dated 8 Mar 13. Exhibit E. Letter, Applicant, not dated. 3 4 5