RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03057
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he was retired, rather than
separated, or in the alternative, he be returned to active duty.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
At the time of his discharge, he had a lower back injury but was told by
the physician at Travis AFB, CA, that they could only look at one problem
at a time. In addition, he had an allergic reaction to steroids that was
not noted in his medical records and his Medical Evaluation Board (MEB)
contained incorrect statements.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 26 January 1979. He was
progressively promoted to the grade of staff sergeant.
On 10 October 1985, he reenlisted in the Regular Air Force for a period of
6 years.
On 8 February 1989, a Medical Evaluation Board (MEB) convened and
recommended he be referred to a Physical Evaluation Board (PEB) based on
the diagnosis of chronic pain syndrome, right shoulder.
On 6 March 1989, an IPEB convened and recommended he be discharged with
severance pay with a rating of 20% based on the diagnosis of chronic pain
syndrome, right shoulder (major), VA Diagnostic Code 5302. He agreed with
the findings of the IPEB and on 21 March 1989, the Secretary of the Air
Force Personnel Council determined the applicant should be discharged with
severance pay, rated at 20%.
On 27 April 1989, he was honorably discharged in the grade of staff
sergeant under the provisions of AFI 36-3212 (Disability - Entitled to
Severance Pay). He completed a total of 10 years and 2 months of active
service.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends the application be denied and
states, in part, that the applicant’s shoulder pain was properly evaluated
and rated by the disability system. The MEB narrative summary and
separation physical examination document no other conditions that warranted
consideration in the disability system. The action and disposition in the
case are proper and equitable reflecting compliance with Air Force
directives that implement the law.
The BCMR Medical Consultant’s evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
He could have been given the chance to remain in the Air Force and carry a
code limiting his duty or been put on the Temporary Disability Retired List
(TDRL) to see it there was a chance his shoulder could have been repaired.
Pages are missing from his medical records regarding his ruptured eardrum
in 1981. A physician struck the nerve in his back while he was injecting
his spine for testing and the physician did not report the incident. He is
basically asking for his Identification Card privileges (i.e., commissary,
base exchange, etc.). He does not want retired pay since he is receiving
disability compensation from the Department of Veterans Affairs (DVA).
The applicant’s complete response 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. After a thorough review of the evidence
of record and applicant’s submission, we are not persuaded that relief
should be granted. Applicant’s contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the BCMR Medical Consultant. The BCMR
Medical Consultant has adequately addressed applicant’s contentions and we
agree with his opinion 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 compelling
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-2002-03057
in Executive Session on 18 June 2003, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Vice Chair
Mr. Wayne R. Gracie, Member
Mr. Billy C. Baxter, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 11 Mar 03.
Exhibit D. Letter, BCMR Medical Consultant, dated 20 Mar 03.
Exhibit E. Letter, SAF/MRBR, dated 8 May 03.
Exhibit F. Letter, Applicant, dated 15 May 03.
THOMAS S. MARKIEWICZ
Vice Chair
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