RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03758
INDEX NUMBER: 108.00
XXXXXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His medical records be reviewed to determine what level of disability
he should receive.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Because he was geographically separated from his servicing military
personnel flight (MPF), his medical records were not reviewed to
determine the level of disability pay he should have been receiving
since his retirement. He has several chronic health problems that
warrant disability payments. In his records you will find a history
of kidney stones, skin problems, foot problems requiring supports,
knee problems, upper back pain, pre-cancerous cells on his face prior
to retirement, right hip joint pain, as well as reflux disease.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force in 1978 and
voluntarily retired in the grade of master sergeant (E-7) effective 1
Dec 00.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. The applicant performed his duties during his career in an
excellent manner, including his last year of service. None of the
various medical conditions he notes interfered with his excellent
performance of duty. Review of his medical record finds no condition
that would have warranted evaluation in the disability system or
prevented him from continuing to serve if he had so chosen. For an
individual to be considered unfit for military service, there must be
a medical condition so severe that it prevents performance of any work
commensurate with rank and experience. The mere presence of a
physical defect or condition does not qualify a member for disability
retirement or discharge. The physical defect or conditions must
render the member unfit for duty, and their military career must have
been cut short due to the service connected disability. Members with
an established separation or retirement date are presumed fit in the
final 12 months of service unless a new, serious medical condition
develops or there is a serious deterioration of an existing chronic
condition.
The complete evaluation is at Exhibit C.
AFPC/DPPD recommends denial of the applicant’s request. Medical
records show that the applicant was treated for various medical
conditions throughout his military career. The preponderance of
evidence does not show his career was curtailed or shortened as a
result of an unfitting medical condition. Military records clearly
indicate he was capable of performing his military duties as a Digital
Communications Manager right up until his retirement. His military
career ended as a result of his election to retire for years of
service, not due to a medical condition.
DODI 1332.38 states that military members who have an approved
retirement pending are under a rebutable presumption they are
physically fit. After completion of their assessment of this case,
they were unable to find justification to recommend a disability
retirement for the service member.
The complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
9 Jun 03 for review and comment within 30 days. To date a response
has not been received.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
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 opinions and recommendations of the Air
Force offices 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. 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 Docket Number BC-2002-
03758 in Executive Session on 20 August 2003, under the provisions of
AFI 36-2603:
Ms. Olga M. Crerar, Panel Chair
Ms. Leslie Abbott, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Nov 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 16 Apr 03.
Exhibit D. Memorandum, AFPC/DPPD, dated 5 Jun 03.
Exhibit E. Letter, SAF/MRBR, dated 9 Jun 03.
OLGA M. CRERAR
Panel Chair
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