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AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NO:  97-031 

COUNSEL : 
HEARING DESIRED:  NO 

1 
3alN 1 2  1998 

Applicant  requests  that  his  20  April  1989  general- (under 
honorable  conditions)  discharge  be  changed  to  a  medical 
retirement.  Applicant's submission is at Exhibit A. 

On  19  September  1997,  the  Air  Force  Discharge  Review  Board 
(AFDRB) denied applicant s request for upgrade  of his discharge 
to  honorable,  change  of  reason  for  discharge,  and  change  of 
reenlistment, eligibility (RE) code  (Exhibit C) . 
The  appropriate Air  Force offices evaluated  applicant's request 
and  provided  advisory  opinions  to  the  Board  recommending  the 
application be  denied  (Exhibit D).  The  advisory opinions were 
forwarded to the  applicant for review and  response  (Exhibit E). 
As of this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available  evidence  of  record, we  find  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 rebutted by applicant or 
counsel.  Absent persuasive evidence applicant was denied rights 
to which entitled, appropriate regulations were not followed, or 
appropriate  standards  were  not  applied,  we  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.  David  C.  Van  Gasbeck,  Mr.  Richard  A. 
Peterson,  and  Mr.  Kenneth  L.  Reinertson  considered  this 
application on 9 June 1998 in accordance with  the provisions  of 
Air  Force  Instruction  36-26 
U.S.C. 1552. 

Exhibits: 

A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  AFDRB Brief 
D.  Advisory Opinions 
E.  SAF/MIBR Ltr Forwarding Advisory Opinions 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE, TEXAS 

22 Jan 98 

MEMORANDUM FOR AFBCMR 

FROM: 

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

SUBJECT:  Application for Correction of Military Recor 

 

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REQUESTED ACTION:  Applicant requests that his Apr 89 administrative discharge be 

changed to a disability discharge. 

FACTS:  Applicant was involuntarily separated from the Air Force on 10 Apr 89 for 

misconduct due to a pattern of minor disciplinary infhctions under the provisions of AFR 39-10. 
Member completed fourteen years, nine months, and eighteen days of active duty. 

DISCUSSION:  The purpose of the military disability system is to maintain a fit and vital 
force by separating members who are unable to perform the duties of their grade, office, rank or 
rating.  Members who are separated or retired 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 continued military service.  The decision to conduct an MEB is made by the 
medical treatment facility providing care to the member. 

We carefully reviewed the AFBCMR application and verify that the applicant was never 
referred to or considered by the Air Force Disability Evaluation System under the provisions of 
AFR 35-4.  Had the applicant been referred to the physical disability system during his last year of 
service, prior to his separation in 1989, he would have had to overcome the “presumption of 
fitness”.  This doctrine holds that a member’s continued performance of duty until their scheduled 
separation or retirement creates a presumption that the member is fit for continued active service. 
As outlined in DoD Directive 1332.1 8, “Separation from the Military Service by Reason of Physical 
Disability”, one overcomes this presumption (1) only when the member, because of their disability, 
was physically unable to perform adequately the duties of their ofice, grade, rank or rating or that 
(2) acute, grave illness or injury or other deterioration of the member’s physical condition occurs 
immediately prior to or coincident with their processing for a non-disability retirement or 
separation. Neither of these conditions were present in the applicant’s case.  The medical aspects of 
this case are fully explained by the Medical Consultant; we fully agree with his advisory. 

RECOMMENDATION: We recommend denial of the applicant’s request.  The applicant 
has not submitted any material or documentation to show that he was eligible for processing under 
disability law and policy at the time of his discharge. 

Chief, Ph&al  Disability Division 
Directorate of Pers Prog Management 

Colonel, USAF 

8 January 1998 
97431 51 

MEMORANDUM FOR AFBCMR 

FROM:  BCMR Medical Consultant 

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

SUBJECT:  Application for Correction of Military Records 

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

conclusions and recommendations. 

REQUESTED ACTION:  The applicant was separated with a general, under honorable 

conditions discharge on 20 April 1989 under the provisions of AFR 39-10 for a pattern of minor 
disciplinary infractions after serving 14 years, 9 months, 18 days on active duty.  He now 
applies requesting the records be changed to show a medical retirement. 

FACTS:  Review of available medical records shows the applicant received extensive 

medical attention throughout his years of service for various conditions.  Most prominent are 
mental health clinic visit notes where he visited often for job-related stresses and anxiety 
related to family separation during his assignment in New Mexico while his family remained in 
Colorado.  He was never diagnosed with a psychiatric disease that would have brought him 
under scrutiny for a disability evaluation.  Similarly,  long-standing, and pre-existing, problems 
with hearing loss and ringing in his ears were not considered disqualifying for military duty, and 
he was not considered for disability based on these problems.  His record, othennrise, shows 
many clinic and occasional hospital stays for other minor medical problems which were not of 
sufficient severity to trigger a disability consideration.  He underwent a physical examination on 
25 Jan 89 prior to his separation which found him qualified for worldwide duty. 

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. 

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 proper, and 
that no error or injustice occurred in this case. 

Page 2 (Cont'd) 

AFBCMR Case # 97-03151 

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

records is warranted and the application should be denied. 

w. HORNICK, COI., USAF, MC, FS 

FKDERICK 
Chief Medical Consultant, AFBCMR 
Medical Advisor SAF Personnel Council