RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01937 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her administrative discharge be changed to a disability retirement in accordance with Title 10 United States Code (USC) § 1207a - Members with over eight years of active service. APPLICANT CONTENDS THAT: She was discharged from the Air Force as a result of Formal Physical Evaluation Board (FPEB) findings. She opted to transfer to the Retired Reserve in lieu of discharge however; she would now like to be processed for discharge under the “eight year rule.” In support of her request the applicant provides copies of the FPEB findings, Administrative Discharge Notification and ANG/USAFR Point Credit Summary. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: In a letter dated 7 February 2014, the FPEB determined the applicant was unfit to perform the duties of her office, grade, rank, or rating based on her diagnoses of Chronic Obstructive Pulmonary Disease (COPD) and Bronchiectasis. The FPEB found no objective medical evidence that her lung disease was attributed to her deployment and that she had no pulmonary issues in the years following her return from deployment. On 10 February 2014, the applicant agreed with the recommendation of the FEB and did not wish to rebut the findings. In a letter dated 24 February 2014, the applicant was notified that separation action had been initiated under the authority of AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 2.16, Physical Disqualification. Reserve Order EK-3709 issued on 18 April 2014, assigned the applicant to the Retired Reserve List effective 15 June 2014. AIR FORCE EVALUATION: AFRC/SG recommends denial. The applicant’s deployment history was very distant and there is no connection in her medical records that reveals a LOD condition, which is required before the “eight year rule” can be implemented. In this case, the COPD and bronchiectasis were not presented ILOD, either at the AFRC level or at the PEB level. Therefore, the applicant is not eligible for processing under the “eight year rule.” The complete SG evaluation is at Exhibit C. The BCMR Medical Consultant recommends denial. In accordance with DoDI 1332.38, Physical Disability Evaluation, Enclosure 2, paragraph E2.1.20, Non-duty Related Impairments are impairments of members of the Reserve components that were neither incurred nor aggravated while the member was performing duty, to include no incident of manifestation while performing duty which raises the question of aggravation. Members with non-duty related impairments are eligible to be referred to the PEB for solely a fitness determination, but not a determination of eligibility for disability benefits. The “eight year rule” applies to individuals found unfit by a PEB for a pre-existing medical condition while serving on active duty at the time the condition became unfitting or disqualifying. DoDI 1332.18, Disability Evaluation System, also addresses LODs and the application of the “eight year rule.” A Reserve component member would need to be serving a period of more than 31 days [active service] at the time he or she was found unfit or disqualified. A preexisting condition is deemed to have been incurred while entitled to basic pay and will be considered for purposes of determining whether the disability was incurred in the LOD when the Service member is ordered to active duty for more than 30 days. Collectively considering the fact the applicant’s final two years of service indicate she served consecutive periods of less of than 30 days [from 14 June 2011 to 13 June 2012 and from 14 June 2012 to 13 June 2013], the fact that she became medically disqualified while not ordered to active duty for more than 30 days, and the lack of medical evidence of an intervening respiratory impairment during the years [2006-2010] immediately following her final deployment to Iraq, the “eight year rule” would not apply. Therefore, the applicant has not met the burden of proof of error or injustice that warrants the desired change of the record. The complete Medical Consultant’s evaluation is at Exhibit D. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 9 January 2015, copies of the Air Force and BCMR Medical evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). 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 agree with the opinions and recommendations Air Force and BCMR Medical evaluations and adopt the rationale expressed 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. 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 BC-2014- 01937 in Executive Sessions on 12 March 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR BC-2014- 01937 was considered: Exhibit A. DD Form 149, dated 6 May 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/SG, dated 27 June 2014. Exhibit D. Letter, BCMR Medical Consultant, dated 23 December 2014. Exhibit E. Letter, SAF/MRBR, dated 9 January 2015. F