RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02007
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her type of discharge be changed from an administrative discharge due
to physical disqualification to a permanent medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her doctor stated that her disability was undetermined with
restrictions. She was never taken off Profile 4 or given the chance
to perform in a light duty capacity. Her doctor has since determined
her physical restrictions are permanent as of 15 February 2000 and
therefore affects her livelihood and employment potential.
In support of her appeal, applicant has provided copies of a letter
from her neurologist, a decision from the Waco, TX Veterans
Administration (VA) regional office, a Functional Capacity evaluation,
an Impairment evaluation, results of a Magnetic Resonance Image (MRI)
test, a letter from the US Department of Labor to applicant’s Reserve
unit, a personal letter to her Reserve unit, and two letters from her
neurologist.
Applicant'scomplete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 19 April 1996, the applicant was injured on the job while a
civilian air reserve technician (ART) serving as an aircraft mechanic
with the --th Fighter Squadron. On 19 April 1996, she injured her
back lifting an aircraft tow bar. On 29 October 1996, she underwent a
lumbar laminectomy and discectomy for a herniated disc. She was
subsequently the subject of a Physical Profile Serial Report (dated 26
Feb 97) wherein she was deemed not qualified for deployment and not
qualified for reassignment. She was placed on a “4” Profile that
prohibited her from participating in the Reserve program for pay or
points. She was notified that AFRES/SGP would make the final
determination on her medical qualifications for continued military
duty. On 17 October 1997, she was given the opportunity to choose
between a referral to the Informal Physical Evaluation Board (IPEB)
solely for fitness determination or to not be referred to the IPEB.
She chose to not be referred to the IPEB and concurrently indicated
her understanding that, in the event she was found medically
disqualified for worldwide duty, she would either apply for retirement
or be administratively separated. She was transferred to the Retired
Reserve on 8 April 1998. On 6 July 1998, she was informed by
ARPC/DPKB she had completed the required years of service to qualify
for a Reserve retirement at age 60.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/DPZ recommends denial. The applicant was subject to
administrative discharge due to her physical disqualification, a
discharge that is essentially a permanent medical discharge. She
elected to retire in lieu of the administrative discharge. The
applicant has not provided any documentation to support the discharge
action she elected was not valid.
DPZ’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant refers to AFRC/DPM memorandum dated 13 Jan 1998 (Attachment
1 of rebuttal), paragraph 4 that states if the applicant did not elect
“early retirement” she would not be eligible to receive any retirement
or medical benefits until age 60. She contends no person or office
counseled her regarding her “rights and options following a medical
disqualification,” or concerning the differences between an
“administrative discharge” or “early retirement” as proposed by
Attachment 2 of her rebuttal, a memorandum from AFRC/SGPA, dated 10
November 1997. She was never given the opportunity to choose a
“medical discharge with military compensation.” She therefore asks
the Board to consider changing her permanent military record from
“Retired Reserve” to “Medical Discharge with Compensation.”
_________________________________________________________________
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. 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
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. The applicant ultimately elected to be retired
with a Reserve retirement at age 60 in lieu of administrative
discharge based on physical disqualification. 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 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 AFBCMR Docket Number BC-
2003-02007 in Executive Session on 28 October 2003, under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Sharon B. Seymour, Member
Ms. Leslie E. Abbott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/DPZ, dated 11 Sep 03.
Exhibit D. Letter, SAF/MRBR, dated 26 Sep 03.
Exhibit E. Letter, Applicant, dated 9 Oct 03, w/atchs.
RICHARD A. PETERSON
Panel Chair
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