ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02427
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His involuntary discharge be set aside and he be awarded a disability
discharge.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 April 2001, the Board considered applicant’s request that his
involuntary discharge be set aside and he be disability discharged. The
Board found insufficient evidence of an error or injustice and denied the
application. For an accounting of the facts and circumstances surrounding
the application, and the rationale of the earlier decision by the Board,
see the Record of Proceedings at Exhibit E.
In a letter, dated 15 August 2001, the applicant requests reconsideration
of his appeal and provides additional documentation. The applicant’s
complete submission is at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After thoroughly reviewing the
evidence of record and the additional documentation submitted by applicant,
we are still not persuaded that he has been the victim of an error or
injustice. The applicant’s rating from the Department of Veteran Affairs
(DVA) is noted; however, it does not substantiate that at the time of his
discharge, he was unfit for continued military service. It appears the
applicant believes the DVA's decision to award him an overall combined
compensable disability rating of 100% substantiates that he should have
received a disability discharge. However, we note that although the Air
Force is required to rate disabilities in accordance with the DVA Schedule
for Rating Disabilities, the DVA operates under a totally separate system
with a different statutory basis. In this respect, we note that the DVA
rates for any and all service connected conditions, to the degree they
interfere with future employability, without consideration of fitness.
Whereas, the Air Force rates a member's disability based on the degree of
severity at the time of separation. In the applicant's case, at the time
of his separation, there was no evidence of any physical or mental
condition to warrant his processing through the Disability Evaluation
System (DES). Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the additional evidence presented did not
demonstrate the existence of probable 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 this application in Executive
Session on 3 October 2001, under the provisions of AFI 36-2603:
Mr. Lawrence R. Leehy, Acting Panel Chair
Ms. Marilyn Thomas, Member
Mr. Patrick R. Wheeler, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 19 Apr 01, w/atchs.
Exhibit F. Letter, Applicant, dated 15 Aug 01, w/atchs.
LAWRENCE R. LEEHY
Acting Panel Chair
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