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AF | BCMR | CY2003 | BC-2002-02744
Original file (BC-2002-02744.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC 2002-02744

            COUNSEL:  DAV

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His 27 November 1982 discharge for completion of term of service be  changed
to a medical discharge.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

While on active duty, he was injured and under medical care.

In  support  of  the  appeal,  the  applicant  submits  extracts  from   his
Department of Veteran Affairs (DVA) medical records, which includes  a  copy
of the DVA Decision, dated 21 March 1984, awarding  him  a  10%  rating  for
conjunctivitis.  In addition, he submits  extracts  from  his  military  and
civilian medical records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 15 April 1974, the applicant enlisted in the  Regular  Air  Force  for  a
period of four years.  He entered his last enlistment on  28  October  1977,
and was progressively promoted to the grade of staff sergeant.

He underwent a separation physical  on  12  November  1982,  and  was  found
qualified for worldwide duty/separation.

He was honorably discharged from the Regular Air Force on 27 November  1982,
under the provisions of  AFR  39-10  (Completed  Extended  Enlistment).   He
completed 8 years, 7 months, and 13 days of active service.

On 28 November 1982, he enlisted in the Air Force Reserve for  a  period  of
three years.

On 21 March 1984, the DVA awarded him a combined disability  rating  of  10%
for conjunctivitis (red irritated eyes) and 0% for traumatic arthritis.

He was reassigned from the Ready Reserve to inactive  status  on  3 November
1986, for non-participation.

On 1 May 1987, he was honorably discharged from the Air Force  Reserve.   He
completed  a  total  of  10  years,  7  months,  and  13  days  of  combined
satisfactory service in the Regular Air Force and Air Force Reserve.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR  Medical  Consultant  recommends  the  application  be  denied  and
states, in part, that while the applicant had allergic conjunctivitis  while
on active duty, the condition  was  not  unfitting  for  continued  military
service at the time he was separated from the Regular Air Force.   In  fact,
he continued to serve in the  Air  Force  Reserve  accruing  two  additional
years of satisfactory service.

The BCMR Medical Consultant further states that  the  reason  the  applicant
could be found fit for duty by the Air Force and later be granted a service-
connected disability by  the  DVA  lies  in  understanding  the  differences
between Title 10, U.S.C., and Title 38, U.S.C.  Title  10,  U.S.C.,  Chapter
61, is  the  federal  status  that  charges  the  Service  Secretaries  with
maintaining a fit  and  vital  force.   Whereas,  Title  38,  U.S.C.,  which
governs  the  DVA  compensation  system,  was  written  to  allow   awarding
compensation ratings for conditions that  are  not  unfitting  for  military
service.

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

AFPC/DPPD recommends the application be denied and  states,  in  part,  that
the  applicant  was  never  referred  through  the  Air   Force   Disability
Evaluation  System.    In   addition,   he   was   cleared   for   worldwide
duty/separation  prior  to  his  discharge  from  the  Regular  Air   Force.
Although he was treated for  various  medical  conditions  while  on  active
duty,  nothing  in  the  record  points  toward  any  unfitting   medication
conditions that would  have  precluded  him  from  performing  his  military
duties.

The AFPC/DPPD evaluation is at Exhibit D.

_________________________________________________________________





APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 7 March 2003 for review and response within 30 days.   However,
as of this date, this office has received no response.

_________________________________________________________________

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.   The  applicant  contends  that  while  on
active duty, he was injured  and  under  medical  care.   However,  after  a
thorough review of the evidence of record and his  submission,  we  are  not
persuaded that at the time of his 1982 discharge he had a medical  condition
that was unfitting for continued military  service.   To  the  contrary,  he
underwent a separation  physical  prior  to  his  discharge  and  was  found
qualified for  worldwide  duty.   In  addition,  immediately  following  his
discharge, he enlisted in the Air Force Reserve where he served until  1987.
 It appears the applicant believes  the  DVA's  decision  to  award  him  an
overall combined compensable disability rating  of  10%  substantiates  that
his condition should have warranted his 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,  upon  a  finding  of
unfitness, rates a member's disability based on the degree  of  severity  at
the time of separation.  In the applicant's case, the Air  Force  determined
that he was fit and  qualified  for  worldwide  duty  at  the  time  of  his
separation.  We, therefore, agree with the opinions and  recommendations  of
the appropriate offices of primary responsibility and  adopt  the  rationale
expressed as the basis for our decision that the  applicant  has  failed  to
sustain his burden that he has suffered either an  error  or  an  injustice.
Hence, we find no basis to recommend granting the relief sought.

_________________________________________________________________





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  Docket  Number  BC-2002-02744
in Executive Session on 24 April 2003, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. Laurence M. Groner, Member
                       Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 17 Jan 03.
    Exhibit D.  Letter, AFPC/DPPD, dated 4 Mar 03.
    Exhibit E.  Letter, SAF/MRBR, dated 7 Mar 03.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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