RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2005-01666
		
		COUNSEL: 

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 19 November 2006

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His Department of Veteran Affairs (DVA) ratings be placed in his 
military records since his discharge and he be placed on the 
permanent disabled listing (PDL) and receive severance pay.
________________________________________________________________
_

APPLICANT CONTENDS THAT:

He had no Medical Evaluation Board (MEB) at the time of his 
discharge and he did not receive any severance pay.

In support of his application, applicant submits a copy of the 
DVA Rating Decision dated 19 October 2004.

Applicant's complete submission, with attachments, is at Exhibit 
A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant entered active duty on 27 May 1980. He served as a 
fire protection specialist, an aircraft electrical and 
environmental systems technician, and a diet therapy technician, 
attaining the rank of staff sergeant.  On 12 August 1999, the 
applicant submitted his request for retirement. His retirement 
examination, dated 13 January 2000, made note of left knee pain, 
shoulder pain, back pain, degenerative joint disease and 
depression. None of these conditions warranted referral to a 
MEB. The applicant retired effective 1 June 2000 after having 
served 20 years and 4 days of active military service.

Prior to his retirement the applicant filed a claim for service 
connected disability compensation with the DVA and he underwent 
compensation and pension examination on 21 August 2000. The DVA 
rating showed service connected disability effective 1 June 2000 
for: Adjustment Disorder with mood disturbance-50 percent, 
chronic headaches-30 percent, planter warts-10 percent, 
lumbosacral strain-10 percent, and gastroesophageal reflux 
deisease-10 percent; for a combined service connected DVA rating 
of 80 percent.

_______________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in 
the records is warranted. Over the course of the applicant’s 
career he developed various medical conditions which have 
resulted in service connected disability compensation by the 
DVA.  The fact the applicant has been granted service connected 
disability from the DVA does not entitle the applicant to Air 
Force Disability.  The military service disability systems, 
operating under Title 10, and the DVA disability system, 
operating under Title 38, are independent but complimentary 
systems not intended to be duplicative.

The preponderance of evidence of the record does not show the 
presence of a medical condition that warranted referral into the 
Disability Evaluation System prior to his length of service 
retirement from the Air Force.  Action and disposition in this 
case are proper and equitable reflecting compliance with Air 
Force directives that implement the law.

BCMR Medical Consultant's complete evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant and counsel on 14 June 2006 for review and comment 
within 30 days.  As of this date, this office has received no 
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 an error or injustice warranting 
placement of the applicant on the permanent disabled listing or 
payment of severance pay.  The evidence of record does not show 
the presence of a medical condition that warranted referral into 
the Disability Evaluation System prior to the applicant’s length 
of service retirement from the Air Force.  The applicant 
developed various medical conditions over his military career 
that resulted in service connected disability compensation by 
the DVA. However, the fact he was granted service connected 
disability from the DVA does not entitle the applicant to an Air 
Force Disability.  Therefore, we agree with the opinions and 
recommendation of the BCMR Medical Consultant and adopt his 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice and in the absence 
of evidence to the contrary, we find no compelling 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 a 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-
BC-2005-01666 in Executive Session on 11 July 2006, under the 
provisions of AFI 36-2603:

			

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 May 2005, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 14 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Jun 06.





								
								Chair