, 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

-- 

DOCKET NO:  96-03466 
COUNSEL:  None 

HEARING DESIRED:  No 

QCT  2 8 1'397 

Applicant  requests that  his  separation be  changed to retirement 
by  reason of physical  disability.  Applicant's  submission is at 
Exhibit A. 

The appropriate  Air  Force offices evaluated applicant's request 
and  provided  advisory  opinions  to  the  Board  recommending  the 
application be  denied  (Exhibit C).  The  advisory  opinions were 
forwarded to the  applicant for review and response  (Exhibit D). 
Applicant's  response is attached at Exhibit E. 

The  application  was  not  timely  filed;  however,  it  is  in  the 
interest of justice to excuse the failure to timely file. 

After  careful  consideration  of  applicant's  request  and  the 
available  evidence  of  record, we  f-ind insufficient evidence  of 
error  or injustice to warrant  corrective action.  The  facts and 
opinions  stated in the  advisory opinions appear  to be  based  on 
the evidence of record and have not been adequately rebutted by 
applicant. 
Absent  persuasive  evidence  applicant  was  denied 
rights  to  which  entitled,  appropriate  regulations  were  not 
followed, or appropriate standards were  not  applied, wq  find no 
basis to disturb the existing record. 

, 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon  the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members of the Board Mr. Henry C. Saunders, Mr. Joseph T. Wagner, 
and  Mr.  Richard  A.  Peterson,  considered  this  application  on 
16 October 1997, in accordance 
Instruction 36-2603, and the 

Exhibits: 

A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinions 
D. 
E.  Applicant's Response 

AFBCMR Ltr Forwarding Advisory Opinions 

24 Apr 97 
9603466 

MEMORANDUM FOR AFBCMR 

FROM:  BCMR Medical Consultant 

1535 Command Drive, EE Wing, 3rd Floor 
Andrews AFB MD  20762-7002 

SUBJECT:  Application for Correction of Militaw Records 

Applicant's entire case file has been reviewed and is forwarded with the following 

findings, conclusions and recommendations. 

REQUESTED ACTION:  The applicant electively separated under the early release 

program (SSB) on 25 Jul 92 after IOyr, 6m0, 20da on' active duty.  He now applies 
requesting the records be changed to show a medical retirement instead of voluntary 
separation. 

FACTS:  Review of medical records shows that applicant was seen through the 

years of his enlistment for various minor medical problems as might be expected of any 
military member.  His separation history and physical examination on 7 Apr 92 found no 
disqualifying defects and he was pronounced fit for worldwide duty.  As part of this 
separation process, he was seen in consultation by orthopedic, pulmonary and cardiac 
services who concurred with no significant disease processes being present.  He did 
have some knee pain that was variously called chondromalacia patella and patello- 
femoral syndrome, but no significant derangement of function was found.  He accepted 
his separation bonus upon discharge and was then granted VA disability of 10% for 
service-connected knee disease.  He joined the Oklahoma ANG in Feb 1996, but is 
apparently being referred to medical board review for his alleged service connected 
disabilities. 

DISCUSSION:  Evidence of record and medical examinations prior to separation 
indicate the applicant was fit and medically qualified for continued military service or 
appropriate separation and did not have any physical or mental condition which would 
have warranted consideration under the provisions of AFR  35-4. Reasons for 
discharge and discharge proceedings are well documented in the records.  Action and 
disposition in this case are proper and reflect compliance with Air Force directives which 
implement the law. 

Evidence of record shows that while the applicant was treated for some ordinary 

medical problems while on active duty as will occur in most service members, none of 
these problems singly, nor any combination of them, was of sufficient severity to justify a 
finding of unfit.  There is no evidence to suggest that the applicant deserved 
consideration for separation through the Medical Disability Evaluation System. 

Evidence of record establishes beyond all reasonable doubt that the applicant was 

medically qualified for continued active duty, that the reason for his separation was 
pro per, 
and that no error or injustice occurred in this case. 

RECOMMENDATION: The Medical Consultant is of the opinion that no change in 

the records is warranted and the application should be denied. 

FKDERICK W.  HORNICK, Col., USAF, MC, FS 
Chief, Medical Consultant, BCMR 
Medical Advisor SAF Personnel Council 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE TEXAS 

MEMORANDUM FOR AFBCMR 

FROM: 

AFPCDPPD 
550 C Street West Ste 06 
Randolph AFB TX 781 50-4708 

3 Jul97 

SUBJECT:  Application for Correction of Military Records 

.- 

m: Applicant requests his voluntary separation in 1992 be changed 

to a disability retirement. 

EGIS: The applicant voluntarily separated from the Air Force on 25 Jul92 upon 
completion of ten years, six months and twenty days of active duty; he received a special 
separation bonus of $27,028.89.  In Feb 96, he joined the Oklahoma Air National Guard. 
Subsequently, he received a disability rating fiom the Department of Veterans Affairs for 
service-connected hex pain, bronchitis and tinnitus and, apparently, hss been found medically 
disqualified h m  M e r  military duty in the National Guard.  Member now requests a disability 
retirement retroactive to the date he voluntarily separated h m  actjve duty. 

-: 

We carefully reviewed the AFBCMR application and verify that the 
applicant was never referred to or considered by the Air Force Disability System under the 
provisions of AFR 35-4 or AFI 36-32 12.  The purpose of the military disability system is to 
maintain a fit and vital force by separating members who arc unable to perform the duties of their 
ofice, grade, rank or rating.  Members who are separated or rctired for reason of physical 
disability may be eligible, if otherwise qualified, for certain disability compensations.  Eligibility 
for disability processing is established by a Medical Evaluation Board (MEB) when that board 
finds that the member may not be qualified for isntinued military service.  The decision to 
conduct an MEB is made by the medical treatment facility providing care to the member. 

-  - 

The applicant's medical condition is explained by the Medical Consultant; we concur 
with his advisory.  The record clearly shows that while the applicant may have been treated for 
various medical conditions while on active duty, none were serious enough to render him unfit 
for m e r  military service under the provisions of disability law and policy.  He was fit for duty 
upon his 3ul92 sejmration Erom active duty. 

Members of the Air Reserve Component are only eligible for disability evaluation when 
their disability arose during a period of active duty, fdl-time training duty under a call or order 
specifying a 30 day or less duty period or when performing inactive duty training under 37 USC 

204.  Further, to be eligible for disability processing when serving for a period of less than 3 1 
days, the injury or exacerbation of a preexisting condition must be the proximate result of 
performing military duty.  It appears the applicant’s condition may not have met these provisions 
for consideration by the disability evaluation system or is still being processed within the 
Reserve Component channels and will be forwarded at some future date for our review. 

BECOMMENDATION:  We recommend denial of the applicant’s request.  The applicant 

has not submitted any material or documentation to show that the service member was unfit to 
perform the duties of his office, grade, rank or rating as the result of a physical disability upon 
his voIuntary separation from active duty in 1992. 

OLA, Colonel, USAF 

Chief, Phykcal Disability Division 
Directorate of Pen Prog Management 

c