RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00768 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be medically retired versus being discharged. 

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His medical condition has deteriorated. He believes since his 
Department of Veterans Affairs (DVA) disability rating has been 
increased to 30% he is entitled to a medical retirement from the 
Air Force. 

 

In support of his request, applicant provides a copy of a SAF/MRBR 
letter and a copy of his VA rating decision. 

 

His complete submission, with attachments, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 3 Dec 97. He 
was progressively promoted to the grade of staff sergeant (E-5), 
having assumed that grade effective and with a date of rank of 
1 Sep 03. On 2 Dec 03, he was honorably discharge after serving 
6 years on active duty. 

 

___________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends denial. The Medical 
Consultant states the applicant’s medical records are not available 
for review. The applicant has not provided the necessary 
documentation to support his contentions; and although even if he 
had provided medical documents, the Medical Consultant advises 
there are several other factors to be considered when making a 
determination or recommendation. The Military Disability 
Evaluation system compensates medical conditions that terminate a 
member’s service and the DVA offers compensation for any service 
connected medical condition. Basically, the DVA picks up where the 
service leaves off; the two systems are not meant to duplicate each 
other. In this case, the applicant has not met the burden of proof 
of an error or injustice. 


 

The BCMR Medical Consultant 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 8 Jan 10 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 error or injustice. After a thorough 
review of the evidence of record and applicant's submission, we 
are not persuaded that his assertions are sufficiently persuasive 
to override the rationale provided by the BCMR Medical Consultant. 
Therefore, we agree with the opinion and recommendation of the 
BCMR Medical Consultant and adopt his rationale expressed as the 
basis for our decision that the applicant has failed to sustain 
his burden of having suffered either an error or injustice. 
Therefore, in the absence of persuasive 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-2009-00768 in Executive Session on 24 Feb 10, under the 
provisions of AFI 36-2603: 

 


 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 17 Dec 03, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, BCMR Medical Consultant, dated 31 Dec 09. 

 Exhibit D. Letter, SAF/MRBR, dated 8 Jan 10. 

 

 

 

 

 

 Panel Chair