RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01505 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His voluntary separation be changed to a medical retirement. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was unaware that military members with less than 20 years of 
active duty are eligible for a medical retirement if they are 
30 percent or more disabled. He knew he could get disability 
from the Department of Veteran Affairs (DVA); however, he was 
never told of the military medical retirement possibility. He 
would have sought a military medical retirement had he known it 
was a possibility. 

 

In support of his appeal, the applicant provides a copy of his DD 
Form 214, Certificate of Release or Discharge from Active Duty, 
and his DVA Rating Decision. 

 

The applicant’s complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the BCMR Medical Consultant. 
Accordingly, there is no need to recite these facts in this 
Record of Proceedings. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends denial. The BCMR Medical 
Consultant states that no evidence is presented to show the 
applicant was unable to reasonably perform his military duties, 
by reason of an illness or injury; or that he had a medical 
condition that posed a safety or mission risk. The mere presence 
or existence of a medical condition does not automatically 
justify a medical basis for separation. The applicant has not 
met his burden of proof of an error or injustice that warrants 
the desired change of his record. 


 

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

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: 

 

A copy of the BCMR Medical Consultant’s evaluation was forwarded 
to the applicant on 15 October 2010 for review and comment within 
30 days (Exhibit D). 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 timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the BCMR Medical Consultant and adopt his 
rationale as the basis for our conclusion the applicant has not 
been the victim 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. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

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-2010-01505 in Executive Session on 6 January 2011, 
under the provisions of AFI 36-2603: 


 , Vice Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-01505: 

 

 Exhibit A. DD Form 149, dtd 15 Apr 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, BCMR Medical Consultant, dtd 11 Oct 10. 

 Exhibit D. Letter, SAF/MRBR, dtd 15 Oct 10. 

 

 Vice Chair