RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01143 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he was medically discharged. _________________________________________________________________ APPLICANT CONTENDS THAT: He was injured while a member of the Pennsylvania Air National Guard (PAANG). He was put on a medical profile and not allowed to participate in monthly Unit Training Assemblies (UTAs), or drill periods. However, he was then threatened with a charge of being Absent without Leave (AWOL) and told he would be prosecuted unless he quit. In support of his appeal, the applicant provides pertinent excerpts from both his military and civilian medical records as well as a letter of resignation from the (PAANG). Applicant’s complete submission is attached. _________________________________________________________________ STATEMENT OF FACTS: The applicant began his military service on 11 Dec 1996. He was put on a medical profile that was updated on 12 Jun 05 to show him in a 4T status until 25 Aug 05. As such, he was not allowed to participate for pay and points until he had either been cleared by the Air Surgeon to do so or entered into the Disability Evaluation System (DES). On 29 Nov 05, unit medical personnel notified him that he had to report for a medical evaluation during the December 05 UTA or his profile would be updated to a 4T making him again, unable to participate for pay and points. On 14 Oct 06, he submitted a letter of resignation effectively separating from the PAANG. The evidence of record indicates he had not participated since Dec 2005. He has 8 years of combined Regular and Reserve service. _________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we find the applicant has not provided adequate evidence to support his request. The evidence he has provided is incomplete at best and does not serve to convince us that he has been the victim of an error or injustice. Nor has he provided evidence that would indicate he met his obligation to report to his unit medical personnel for regular physical exams. While it appears he could have been discharged for non-participation after missing nine or more UTA periods, he was given the opportunity to receive an honorable discharge if he requested resignation in lieu of administrative discharge action. He did so and was honorably discharged as a result. There simply is no evidence available that indicates he qualified for or was being considered for a medical discharge. Therefore, in the absence of evidence to the contrary, we find no 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 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-2009-01143 in Executive Session on 7 July 2010, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit: DD Form 149, dated 13 Mar 09, w/atchs. Panel Chair