RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01860
            INDEX NUMBER:  145.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from  Active  Duty,  be
corrected to show he  was  medically  retired  and  all  awards  he  may  be
authorized be updated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His desire of making the Air Force a career was  involuntarily  ended  after
injuring his back on active duty.  In September 1993, he  injured  his  back
while TDY.  He was on  a  physical  profile  from  October  1993  until  his
discharge in June 1994.  He was informed that he would be medically  retired
because he was not making improvement in physical therapy and was no  longer
fit to do his job in  the  Air  Force.   Prior  to  his  discharge,  he  was
assisted in filing a VA claim for his back disability and was  told  the  VA
would take care of his back injury after his discharge.   In  October  1994,
the VA rated him  20 percent service-connected and  in  March  1995  his  VA
disability increased to 40 percent.  In January 2002, he inquired about  his
discharge and was told that because he  did  not  appear  before  a  medical
evaluation  board  he  was  not  medically  discharged  and  was  given   an
expiration term of service (ETS) discharge.

In support of his appeal, applicant submits a personal statement, a copy  of
his DD Form 214, a copy of  his  physical  profile  and  associated  medical
documents, and a copy of AFPC/DPPPR letter determining his  eligibility  for
the Combat Readiness Medal, Air Force Achievement Medal,  Kuwait  Liberation
Medal  and  the  Southwest  Asia  Service   Medal.    Applicant’s   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 24 June 1994, the applicant was honorably released from active  duty  and
transferred to the Air Force Reserve in the grade  of  senior  airman  (E-4)
under the provisions of AFR 39-10 (Completion of Required Service).  At  the
time of his discharge he  had  served  4  years  on  active  duty.   Records
indicate applicant received three Enlisted Performance Reports beginning  25
June 1990 and ending  24  February  1994  with  ratings  of  4,  5,  and  5,
respectively.

Applicant’s physical profile serial reports beginning  with  the  period  29
October 1993 and ending 14 April 1994, indicate low back pain  or  low  back
strain with his physical condition, upper  extremities,  lower  extremities,
hearing, vision (eyes) and psychiatric all identified as free of any  defect
or disease.  His overall qualification during these periods was  “world-wide
qualified.”

Prior to his separation, Air Force policy  mandates  a  medical  examination
(physical) according to AFR 160-43  before  separation  or  retirement  when
certain  conditions  exist.   The   medical   facility   makes   the   final
determination on whether an examination is mandatory  or  optional.   On  25
April 1994, the  applicant  elected  to  have  a  medical  examination  upon
separation.  On this same date, military medical  authorities  reviewed  his
medical  records  and  determined  that  a  physical  examination  was   not
required.

On 11 June 2002, AFPC/DPPRSP advised the applicant that a DD  Form  215  was
completed to reflect his award of the Southwest  Asia  Service  Medal  w/  1
bronze service star, Air Force Achievement Medal and the  Kuwait  Liberation
Medal.

On  29  October  2002,  AFPC/DPPPWB  advised  the  applicant  that  he   was
ineligible  for  promotion  consideration  to  E-5  (SSgt)  because  of  his
separation on 24 June 94 and that his DD  Form  214  reflected  the  correct
grade of E-4 (SrA).

The  remaining  relevant  medical  facts  pertaining  to  this  application,
extracted from  the  applicant's  medical  records,  are  contained  in  the
letters prepared by the appropriate offices of the Air Force  at  Exhibit  C
and D.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR Medical Consultant recommends the application be denied.  The  BCMR
Medical Consultant states that there  is  nothing  in  the  service  medical
record that indicates that the applicant’s physician intended to  refer  him
for a medical evaluation board.  Had the  applicant’s  case  been  submitted
for a Medical  Evaluation  Board  prior  to  his  separation,  the  Physical
Evaluation Board would have either returned him to duty on a profile  citing
the “presumption of  fitness”  policy  or  found  him  unfit  based  on  the
continuous requirement for physical  profile  limitations.   In  the  latter
instance, disability separation with severance pay and not retirement  would
have resulted.  The applicant’s back condition at  the  time  of  separation
was not of the severity to have  warranted  medical  disability  retirement.
Since the  VA  offsets  its  compensation  by  any  amount  awarded  by  the
Department of Defense, the applicant has  not  been  improperly  denied  any
compensation.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPD recommends the  application  be  denied.   DPPD  states  that  the
applicant’s records confirm that he  was  never  referred  through  the  Air
Force Disability Evaluation System.  Records reflect that an examination  of
his medical records  was  accomplished  on  26  April  1994,  prior  to  his
voluntary separation.  The review of his medical records determined  that  a
physical examination for his pending separation was  not  required.   It  is
presumed from this  action  that  the  medical  authority  felt  no  serious
medical conditions existed at that time which would have precluded him  from
completing his obligated  military  service.   The  applicant’s  ability  to
complete his military tasks is further attested  to  in  his  last  military
performance report for the period closing 24 February  1994,  which  clearly
reflects he was fully  capable  of  performing  his  assigned  duties  as  a
Mobility Readiness Spares Package Monitor right up until  his  release  from
active duty.

The AFPC/DPPD evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

While on a temporary duty assignment overseas in September 1993,  he  opened
a bin and some of the boxes within the bin began to fall on his  back.   His
lower back started hurting within a  couple  hours.   The  clinic  personnel
gave him pain medication and advised him if the pain  persisted,  he  should
see a doctor when he returned to his permanent station.  For  the  remainder
of his TDY, he was given limited duties.  Since the onset of his back  pain,
he was on a profile of no bending, twisting, and  lifting  more  than  10-15
lbs, and had physical therapy sessions three times  per  week.   He  had  to
quit his squadron golf and bowling teams since these sports  aggravated  his
back.  During the last eight to nine months of his career he was  frequently
absent from work on light duty details since he was unable  to  perform  his
regular duties.

Applicant states that he  requested  a  medical  examination  prior  to  his
discharge but was not given one.  Within a month of his  discharge,  he  was
awarded 20 percent disability by the VA and in April  1995,  his  disability
was upgraded to 40 percent.  He requests that the Board review his  military
records regarding his military retirement and  consider  his  discussion  on
how his Air Force career ended  short  of  his  desired  20-30  years.   The
applicant’s letter, with attachments is at Exhibit F.

_________________________________________________________________
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 error or injustice.  Evidence  has  not  been  presented  which
would lead us to believe that the applicant’s release from  active  duty  by
reason of completion of required service was improper  or  contrary  to  the
provisions of the governing  instructions,  which  implement  the  law.   In
order for the  applicant  to  qualify  for  disability  processing,  it  was
necessary that medical authorities determine that his fitness for  worldwide
duty was  questionable.   The  applicant’s  medical  records  indicate  that
approximately eight months prior to his release from  active  duty,  he  was
seen with complaints of back pain and, following evaluation,  the  examining
physicians placed him on temporary restriction with no bending, twisting  or
lifting of more than 15 pounds.  However, initially  and  on  each  occasion
that the  temporary  restriction  was  extended,  the  applicant  was  found
medically qualified for worldwide duty.  A review of the  his  EPR  covering
the period he was experiencing back pain reveals his  duty  performance  was
“outstanding” and he received the  highest  promotion  recommendation.   His
medical records were reviewed immediately before  his  release  from  active
duty and military medical authority determined that a  physical  examination
was  not  required.   We  note  that,  subsequent  to  his  separation,  the
applicant’s back condition was evaluated by  the  DVA  and  he  was  granted
service connection and a 20% compensable rating.  But,  we  are  constrained
to note that while, by law, the Department  of  Defense  rates  disabilities
solely based on their impact on the member’s ability to perform his  or  her
duties, the DVA rates disabilities based  on  their  impact  on  social  and
industrial adaptability.  In view  of  the  above  and  in  the  absence  of
persuasive  evidence  by  the  applicant  that  successfully   refutes   the
information in his record indicating he was  physically  fit  for  continued
service or separation, but rather, that he was unable to perform his  duties
because of physical disability, we agree with the assessment  of  this  case
by the Medical Consultant and find that the applicant has not sustained  his
burden for providing a showing of  error  or  injustice.   Accordingly,  the
applicant’s request is not favorably considered.

4.  As to the applicant’s request that all awards he may  be  authorized  be
updated, we note that on 11 June 2002, he  was  advised  by  the  Air  Force
Personnel Center that a DD Form 215  was  completed  to  reflect  additional
awards to which he was entitled.  In view of  this  fact,  it  appears  that
action by this Board on his request for credit for additional awards is  not
required.

_________________________________________________________________

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 this application  in Executive
Session on 30 April 2003, under the provisions of AFI 36-2603:

            Mr. Wayne R. Gracie, Panel Chair
            Mr. Frederick R. Beaman III, Member
            Ms. Brenda L. Romine, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
02-01860:

      Exhibit A.  DD Form 149, dated 30 May 02, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 7 Oct 02.
      Exhibit D.  Letter, AFPC/DPPD, dated 20 Nov 02.
      Exhibit E.  Letter, SAF/MRBR , dated 27 Nov 02.
      Exhibit F.  Letter, Applicant, dated 6 Dec 02.




               WAYNE R. GRACIE
               Panel Chair