RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00651 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her retirement for length of service (LOS) be changed to a 
permanent disability retirement. 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her medical evaluation board (MEB) was not completed due to 
Hurricane Katrina. 

 

In support of her request, the applicant provides a DD Form 214, Certificate of Release or Discharge from Active Duty, and copies 
of documents extracted from her military personnel records. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 19 May 80, the applicant contracted her initial enlistment in 
the Regular Air Force. She was progressively promoted to the 
grade of senior master sergeant having assumed the grade 
effective and with a date of rank of 1 Jul 01. She retired on 
1 Nov 05. She served 25 years, 5 months and 12 days on active 
duty. 

 

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AIR FORCE EVALUATION: 

 

The AFBCMR Medical Consultant recommends denial. The applicant 
contends that her MEB was not completed due to Hurricane Katrina. 
The only indication that an MEB was being considered was on the 
AF Form 422, Physical Profile Serial Report dated 27 Jul 05. 
There is no record of initiation or completion of an MEB 
narrative summary or a referral of her case for MEB processing. 
The applicant’s records reflect she received medical care and 
treatment for a number of medical conditions during her Air Force 
career. The applicant’s assertion that she was forced to retire 
from the Air Force cannot be validated. If the applicant had an 
approved date of retirement in the system or a mandatory 


retirement/high year tenure date within 12 months of her proposed 
MEB, then she would have been presumed fit for military service, 
and would have to overcome the presumption of fitness through a 
review of her case by the Physical Evaluation Board (PEB) or 
subsequent appellate review Board. The applicant presented 
medical conditions that may have raised a question of her ability 
to perform her duties early in her career; however, a 
comprehensive review of the medical documentation reveals that 
none of the medical conditions precluded the performance of her 
military duties and showed sufficient control to the extent that 
her worldwide qualification was not adversely affected, until 
completion of the “4” profile changes on 27 Jul 05. Had the 
applicant received the MEB within the 12-month period of her 
approved retirement date, she would be presumed fit and likely 
would have been returned to duty by the PEB. The applicant would 
have been medically retired ONLY if it was determined by a PEB 
that she overcame the presumption of fitness. 

 

The BCMR Medical Consultant’s complete evaluation is at Exhibit 
C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant provided documentation from the Department of 
Veterans Affairs (DVA) showing she has a 50 percent disability 
rating for Post Traumatic Stress Disorder (PTSD) and that her 
current combined disability rating is 100 percent. 

 

Applicant's complete response is attached at Exhibit E. 

 

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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. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and the 
recommendation of the AFBCMR Medical Consultant and adopt his 
rationale as the basis for our conclusion that the applicant has 
failed to sustain her burden of proof of the existence 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. 

 

_________________________________________________________________ 

 

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-2009-00651 in Executive Session on 20 Jan 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 3 Feb 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR Medical Consultant, dated 

 24 Aug 09, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 18 Sep 09. 

 Exhibit E. Letter, Applicant, dated 14 Oct 09, w/atch. 

 

 

 

 

 

 Panel Chair