RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00819 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation be changed from “Hardship” to a medical discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: His back has given him problems ever since he separated from the military. He has received 30 treatments for pain. At the time of his separation from the military, he did not apply for a disability discharge because he did not need it; however, he needs it now due to medical problems he is experiencing. In support of his application, applicant submits a personal statement, a copy of DD Form 256AF, Honorable Discharge Certificate, a copy of his certificate of service from the Army, a copy of WD AGO 53-280, Enlisted Record and Report of Separation Certificate of Service, and a letter for the National Personnel Records Center. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Based on the available documentation on file, the applicant enlisted in the Air Force on 5 October 1948. On 3 May 1949, he was diagnosed with a lumbo-sacral strain and referred to the orthopaedics clinic. A Report of Medical Examination, dated 8 May 1950 failed to show the presence of a chronic or duty-limiting back ailment. On 11 May 1950, he was honorably discharged for hardship reasons and transferred to the Air Force Reserve until 3 July 1951. He served 1 year, 7 months and 6 days of total active service. The Department of Veterans Affairs (DVA) denied the applicant's claim for service connected disability benefits for chronic back pain, citing his military service condition was likely temporary and resolved after treatment. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial of the applicant's request and states that there is no record of chronic treatment of a back ailment, nor a resultant chronic functional impairment requiring imposition of duty restrictions that prohibited the applicant's worldwide qualification. He has not met the burden of proof of a medical condition that warranted compensation by the Military Disability Evaluation System. While his back strain clearly occurred during military service, the BCMR Medical Consultant could not establish a connection with his current chronic degenerative disc disease or arthritis; a condition that likely represents the natural progression of the aging process and not the result of a service-incurred disease of injury. 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 on 29 June 2009 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 a change in his narrative reason for separation. Applicant’s contentions are duly noted; however, 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. Therefore, in the absence of persuasive 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-2009-00819 in Executive Session on 22 September 2009, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2009-00819 was considered: Exhibit A. DD Form 149, undated, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dated 29 Jun 09. Exhibit D. Letter, SAF/MRBR, dated 2 Jul 09. Panel Chair