RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01519
                       INDEX CODE:  108.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214  be  corrected  to  reflect  she  received  a  medical
retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was not aware at the time of separation that she was eligible  for
medical  retirement  status  or  compensation  until  an  acquaintance
informed  her  that  she  had  received  compensation  for  a  similar
circumstance.  The applicant submitted an application to the  Veterans
Affairs and was awarded 50 percent  disability  effective  5  February
1996.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 26 February 1976 for  a
period of four years as an airman basic.

During the applicant’s military career, she was treated for a  variety
of medical conditions.  The applicant had  an  appendectomy  in  March
1979, a laparoscopy in December 1981, a cholecystectomy in  May  1980,
elective sterilization in May 1980 and hysterectomy in 1983.

On 21 February 1985, the applicant requested to be separated under the
provisions  of  AFR  39-10,  Chapter  3,  Section  B,  paragraph  3-19
(Hardship).  The applicant’s request was approved and she  voluntarily
separated on 30 April 1985, with an  honorable  discharge.   Applicant
served nine years,  two  months  and  four  days  of  active  military
service.

Upon application to the Department  of  Veterans  Affairs  (DVA),  the
applicant was awarded a  50  percent  disability  rating  for  service
connected disability for the anatomic loss of a creative organ.

_________________________________________________________________

AIR STAFF EVALUATION:

The AFBCMR Medical Consultant states 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
in Title 10 USC and Title 38 USC.  Title 10 USC,  Chapter  61  is  the
federal statue that charges the Service Secretaries with maintaining a
fit and vital force.  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.  Once the determination is made to find the  servicemember
unfit a disability  rating  percentage  is  assigned  based  upon  the
member’s condition at the time of permanent disposition.  Title 38 USC
was established because a person’s physical  condition  that  was  not
unfitting at the time of separation, may later  progress  in  severity
and alter the servicemember’s lifestyle and employability.   Title  38
USC  governs  the  DVA  compensation  system  in  awarding  disability
percentage ratings for conditions that are not unfitting for  military
service.

The AFBCMR  Medical  Consultant,  based  on  the  evidence  presented,
recommends denying the applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

HQ AFPC/DPPD states the purpose of the  disability  evaluation  system
(DES) is to maintain a fit and vital force by separating  or  retiring
members who are unable to perform the duties of their  office,  grade,
rank or rating.  The members who are separated or retired  for  reason
of a physical  disability  may  be  eligible  for  certain  disability
compensation.  The Medical Evaluation Board (MEB)  determines  if  the
servicemember should be processed through the DES  when  a  member  is
determined to be disqualified for  continued  military  service.   The
medical  treatment  facility  that  provides  health   care   to   the
sevicemember makes the decision whether or not to conduct an MEB.

Under the provisions  of  Title  38,  USC,  servicemembers  who  incur
service-connected  medical  conditions  while  on  active   duty   are
authorized compensation and treatment from the Department of  Veterans
Affairs (DVA).  The DVA is chartered to provide
continual medical care for  veterans  once  they  leave  active  duty.
Under Title 38, USC, the DVA  may  increase  or  decrease  a  member’s
disability rating based on the seriousness of  the  medical  condition
throughout his or her  life  span.   DPPD  concurs  with  the  Medical
Consultant’s deposition of the applicant’s  case  and,  based  on  the
evidence  submitted,  they  recommend  denying  the  requested  relief
(Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

On 3 October 2003, copies of the Air Force evaluations were  forwarded
to the applicant for review and response within 30 days.  As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 waive the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  Applicant’s contentions are duly
noted; however, we agree with the opinion and  recommendation  of  the
Air Force 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  requested  and  was  granted  a  hardship  separation.
Although,  she  underwent  several  medical  procedures,   she   fully
recuperated and was returned to duty.  Title 10, USC,  Chapter  61  is
the  federal  statue  that  charges  the  Service   Secretaries   with
maintaining a fit and vital force.  For an individual to be considered
unfit for military service, there  must  be  a  medical  condition  so
severe that is prevents performance of any work commensurate with rank
and experience.  Evidence of record indicates the  applicant  was  fit
and medically qualified for continued military service at the time  of
her  separation.   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-
2003-01519  in  Executive  Session  on  13  January  2004,  under  the
provisions of AFI 36-2603::

                       Ms. Charlene Bradley, Panel Chair
                       Ms. Olga M. Crerar, Member
                       Mr. Christopher Carey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 21 Apr 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR, Medical Consultant, dated
                       6 Aug 03.
      Exhibit D. Letter, HQ AFPC/DPPD, dated 16 Sep 03.
      Exhibit E. Letter, SAF/MRBR, dated 3 Oct 03.




                             CHARLENE BRADLEY
                             Panel Chair