RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00510 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her record be corrected to show that she was retired by reason of “Physical Disability” rather than “Completion of Required Active Service.” _________________________________________________________________ APPLICANT CONTENDS THAT: She had severe seizures for three years while on active duty. She planned to reenlist; however, due to her medical condition she was informed she would not be allowed to remain on active duty. She was not able to drive and had other physical restrictions. In support of her request, the applicant provides copies of her medical records. The applicant's submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 28 Nov 06, the applicant enlisted in the Regular Air Force. She served six years of total active service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Advisor recommends denial. The Medical Advisor states that the applicant was evaluated and treated for a number of episodic complaints during her military service; however, none were shown to have interfered with her military service to the extent or sustained duration, that warranted a Medical Evaluation Board (MEB) and processing through the military Disability Evaluation System (DES) for a medical separation or retirement. The Medical Advisor could not establish that the applicant was unable to reasonably perform her military duties due to one or more medical conditions during her military service. Based on the supplied medical evidence, the Medical Advisor found no medical condition that established, or should have, a cause and effect relationship with the termination of the applicant’s service. Furthermore, in accordance with Department of Defense Instruction 1332.38, Physical Disability Evaluation, paragraph E3.P3.3.3, Adequate Performance until Referral, “If the evidence establishes that the Service member adequately performed his or her duties until the time the Service member was referred for physical evaluation, the member may be considered fit for duty even though medical evidence indicates questionable physical ability to continue to perform duty.” The Medical Advisor states the military DES, established to maintain a fit and vital fighting force, can by law, under Title 10, USC, only offer compensation for those service incurred diseases or injuries which specifically rendered a member unfit for continued active service and were the cause for career termination; and then only for the degree of impairment present at the time of separation and not based on future occurrences. The Department of Veterans Affairs (DVA) is authorized to offer compensation for any medical condition determined service incurred, without regard to and independent of its demonstrated or proven impact upon a service member’s retainability, fitness to serve, narrative reason for separation, or the intervening or transpired period since the date of separation. With this in mind, Title 38 USC, was written to allow awarding compensation ratings for conditions that were not unfitting for military service or at the time of separation. This is the reason why an individual can be found fit for release from military service and yet sometime thereafter receive a compensation rating from the DVA for service-connected, but military non-unfitting conditions. The BCMR Medical Advisor is sensitive to the applicant’s potential need for continuing medical care and therefore encourages the applicant to utilize the resources of the DVA to the extent that she may be entitled. The complete BCMR Medical Advisor evaluation is at Exhibit C. ________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A copy of the BCMR Medical Advisor evaluation was forwarded to the applicant on 12 Apr 13, for review and comment within 30 days (Exhibit D). As of this date, this office has not received a 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 error or injustice. It appears the applicant believes that her diagnosis of Complex Partial Seizure substantiates that her reason for separation should have been for a Physical Disability due to said diagnosis. However, after a thorough review of the evidence of record and the applicant’s complete submission, we are not persuaded that she should have been found unfit for continued military service and furnished a disability separation. In this respect, we note, the Military Disability Evaluation System (MDES) only offers compensation for the medical condition that is the cause for career termination; and then only to the degree of impairment present at the time of final disposition or military separation. However, other than her own assertions, the applicant has not provided sufficient evidence that her medical condition precluded her from performing her military service and should have, therefore, been the basis of a finding that she was unfit. Therefore, we agree with the opinion and recommendation of the BCMR Medical Advisor and adopt its rationale as the basis for our decision that the applicant has not been the victim of an error or injustice. In view of the above and 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-2013-00510 in Executive Session on 15 Oct 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00510 was considered: Exhibit A. DD Form 149, dated 10 Jan 13, w/atchs. Exhibit B. Applicant’s Available Master Personnel Records. Exhibit C. Letter, BCMR Medical Advisor, dated 10 Apr 13. Exhibit D. Letter, SAF/MRBC, dated 12 Apr 13. Panel Chair