RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-00950
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The reason for discharge be changed from administrative  separation
for medical reasons to a disability retirement.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Her administrative discharge for medical reasons was  improper  and
inequitable because the medical evaluation performed on her was not
in compliance with existing criteria used  to  assess  fitness  for
continued military duty or  disability  retirement.   Additionally,
the  recommendation  for  discharge   without   consideration   for
disability processing was inequitable because the existing  medical
condition was present at the time of her entrance into the  US  Air
Force Reserve (USAFR), the USAFR was aware of her physical  profile
at all times, and based on the lack of consideration for her  years
of dedication and service.

Documentation submitted in  support  of  her  appeal  included  her
personal statement, extracts of AFI 148-123  (Medical  Examinations
for Separation and Retirement); a copy of SF  Form  88,  Report  of
Medical Examination, dated 31  Mar  93,  reflecting  that  she  was
qualified for worldwide service; extracts from her service  medical
records while on active duty and in the  Air  Force  Reserve.   Her
complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant had inactive enlisted service in the  Air  Force  Reserve
during the period 30 Dec 76 to 9  Feb  77.   She  enlisted  in  the
Regular Air Force on 10 Feb 77.  She was  honorably  discharged  on
8 May 77 to  accept  a  commission.   A  3  Mar  77  entry  in  the
applicant’s medical records noted complaint of knee pain for  about
a week.

On 9 May 77, applicant was appointed a second  lieutenant,  Reserve
of the Air Force, and ordered to extended  active  duty.   She  was
promoted to the Reserve grade of  major  effective  9  May  80.   A
periodic physical conducted on 17 Jan 80, noted “1977, swollen  and
painful joints, right knee, treated with exercises.”  Applicant was
found medically qualified for worldwide duty.

On 8 May 81, she  was  honorably  released  from  active  duty  and
transferred to the inactive Air Force Reserve.  She was  reassigned
to  a  participating  Reserve  category  on  30  Aug  85,  and  was
progressively promoted to the Reserve grade of major.

On 19 Jun  95,  applicant  was  found  medically  disqualified  for
continued military service based on the diagnosis of Chondromalacia
Patellas, Bilateral.  The HQ ARPC Surgeon recommended applicant for
administrative discharge for medical reasons and stated she was not
eligible for disability processing under the provisions of AFI  36-
3212.

Applicant was transferred to the inactive Reserve effective 15  Aug
95.  On 26 Oct 95, she requested transfer to  the  Retired  Reserve
with an effective date of 31 Dec 95.

On 31 Dec 95, she  was  transferred  to  the  Retired  Reserve  for
physical  disqualification  from  active  duty,   not   result   of
misconduct, not eligible for retired pay at age  60  under  10  USC
1331.  She was credited with 14 years, 2 months,  and  29  days  of
satisfactory Federal service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/SG reviewed this application and recommended denial to have
her reason for discharge changed to a disability retirement.   They
state in 1995, the  Command  Surgeon  at  HQ  ARPC  recommended  an
administrative discharge for medical reasons due to  her  diagnosis
of chondromalacia, patella, bilaterally.  Her  case  was  processed
consistent with DOD, AF, and local policies at the time.

They further state applicant’s diagnosis was not  incurred  in  the
line of duty nor aggravated by service that would be  evidenced  by
an AF Form 348, Line of Duty Determination.

The purpose  of  a  medical  examination  is  to  identify  medical
conditions requiring attention  and  to  document  current  medical
status  (not  to  determine  eligibility  for  physical  disability
separation or retirement) IAW AFI 48-123, 5.2.  Not  having  an  SF
88, Physical Examination is not a basis for obtaining a  disability
retirement.  A Medical Evaluation  Board  (MEB)  and  the  Informal
Physical  Evaluation  Board  (IPEB)  reviews  cases  involving  LOD
related impairments.  AFI 44-157, para  1.1  states  USAFR  members
must  be  entitled  to  a  disability  processing  to  undergo  MEB
processing.  Because the applicant’s medical diagnosis was  not  in
the LOD, she was not entitled to disability processing.

Additionally, they recommend that the applicant be credited with 27
non-paid points, making her eligible for a Reserve Retirement under
Title 10 USC, Section 12731b.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a response to the  evaluation  by  letter  dated
9 Dec 02.

In support of her appeal, she attached a copy of a letter from  the
Veterans Administration (VA).

Applicant’s complete response, with attachments, is at Exhibit E.

___________________________________________________________________

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   warranting
disability retirement.  After reviewing the evidence of record,  we
are not  persuaded  that  the  applicant’s  medical  condition  was
incurred in the line of duty; therefore, she was  not  entitled  to
disability processing.  It appears, based on  the  evidence  before
this Board,  that  the  applicant’s  medical  disqualification  was
processed in accordance with the applicable Air Force  instruction.
Therefore, in the absence of evidence to the contrary, we  find  no
basis upon which to recommend favorable action on her  request  for
disability retirement.

4.  Notwithstanding  the  above  findings,  we  believe  that   the
applicant should be provided some form of relief.  In this respect,
we note that the Air  Force  has  recommended  that  the  applicant
receive a Reserve retirement under Title 10, USC,  Section  12731b.
This provision of the law provides retired pay to members  who  are
found  medically  disqualified  for  continued  service  and   have
completed at least 15 years, but less than 20 years of satisfactory
service.  We note that  this  provision  was  signed  into  law  in
October 1994 and at the time of  her  disqualification,  no  formal
process had been established.  While we are certain that  the  line
of duty determination was correct, had the applicant appealed  this
decision she could  have  remained  assigned  to  the  Reserve  and
obtained sufficient service to qualify for Reserve retirement under
the new law.  In view of the total circumstances  surrounding  this
case and noting the recommendation of the Air Force,  we  recommend
her record be amended to established eligibility  for  retired  pay
under Title 10, USC, Section 12731b.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that:

     a.  She was credited with 35 additional nonpaid inactive  duty
training (IDT) points during the Retirement Year Ending 8 May 1983,
resulting in 50 total and retirement points and a satisfactory year
of Federal service.

     b.  On 31 December 1995, she was transferred  to  the  Retired
Reserve Section, awaiting pay, per Title 10,  United  States  Code,
Section 12731b.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2002-00950 in Executive  Session  on  2  July  2003,  under  the
provisions of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. James W. Russell III, Member
                 Ms. Nancy Wells Drury, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/SG, dated 6 Nov 02.
     Exhibit D.  Letter, SAF/MRBR, dated 15 Nov 02.
     Exhibit E.  Letter, Applicant, dated 9 Dec 02, w/atch.




                                   ROBERT S. BOYD
                                   Panel Chair



AFBCMR BC-2002-00950




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that:

            a.  She was credited with 35 additional nonpaid
inactive duty training (IDT) points during Retirement Year Ending 8
May 1983, resulting in 50 total and retirement points and a
satisfactory year of Federal service.

            b.  On 31 December 1995, she was transferred to the
Retired Reserve Section, awaiting pay, per Title 10, United States
Code, Section 12731b.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency