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AF | BCMR | CY2001 | 0003108
Original file (0003108.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03108
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her honorable  discharge  be  changed  to  a  medical  retirement  with  all
benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letters prepared  by  the
appropriate offices of the Air Force.  Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, reviewed this application  and  states
that a review of the records points to the possibility  that  the  applicant
was not entirely forthright in letting her Guard Unit know about the  extent
of  her  compensated  disabilities.   The  period  from  1992  to   eventual
disclosure in early 1997 was apparently not revealed to her unit as  a  time
in which she was  receiving  compensation.   The  degree  of  problem,  when
finally revealed, necessitated a Medical Evaluation Board (MEB) review  with
its resulting inevitable conclusion:  unfit for deployment and duty.   While
the applicant argues that she should have been  allowed  to  participate  in
unit training assemblies (UTAs) from early 1997 until  finalization  of  her
disability processing, this is really not the case.  Once a Guard member  is
identified  with  potentially  unfitting  medical  conditions,   he/she   is
precluded from further participation for pay or points until  the  issue  is
resolved,  administrative  delays  notwithstanding.   Clearly,  if  she  was
receiving disability compensation at the level provided  by  the  Department
of Veterans Affairs (DVA) for almost four years before this became known  to
her unit, her condition warranted exclusion from  such  participation  while
an evaluation was being undertaken.   There  appears  to  be  no  errors  or
injustice in the disposition of this case upon which  to  base  a  favorable
recommendation for the relief she  now  seeks.   Therefore,  he  is  of  the
opinion that no change in the  records  is  warranted  and  the  application
should be denied.

A complete copy of the evaluation is attached at Exhibit C.

The  Personnel  Policy  Staff  Officer,   ANG/DPFP,   also   reviewed   this
application and states that it is clear  that  the  applicant  only  has  14
years of Total Satisfactory Service (SAT-SVC), per AF Form 526.   Under  the
Disability Evaluation System (DES), an individual must have a minimum of  15
years SAT-SVC in order to qualify for a medical  retirement.   Although  the
National Guard Bureau (NGB) Form 22, (Report of  Separation  and  Record  of
Service), Block 10(d) reflects  17  years,  11  months  and  27  days,  this
identifies Total Service  for  Pay,  not  Total  SAT-SVC.   Therefore,  they
recommend denial of the applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 April  2001,  complete  copies  of  the  Air  Force  evaluations  were
forwarded to the applicant for review and response within thirty (30)  days.
 As of this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

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

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  probable  error  or  injustice.   We  took  notice   of   the
applicant's complete submission in judging the merits of the case;  however,
we agree with the opinion and recommendation of  the  Air  Force  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.   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 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 5 June 2001, under the provisions of AFI 36-2603:

                  Ms. Rita S. Looney, Panel Chair
                  Mr. William H. Anderson, Member
                  Mr. George Franklin, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 Oct 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, Medical Consultant, dated 23 Jan 01.
   Exhibit D.  Letter ANG/DPFP, dated 6 Apr 01.
   Exhibit E.  Letter, SAF/MIBR, dated 27 Apr 01.




                                RITA S. LOONEY
                                Panel Chair

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