RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01933
INDEX CODE: 108.00
XXXXXXXXXXXXXXXXXXXX COUNSEL: DENNIS F. FLYNN
XXXXXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her voluntary discharge from active duty and subsequent transfer to the Air
Force Reserve be set aside and she be awarded a disability retirement under
the provisions of AFI 36-3212.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of her discharge from active duty, she was being treated for
Hepatitis C, Irritable Bowel Syndrome, and a back condition, which should
qualify her for a medical retirement. The Department of Veterans Affairs
(DVA) rated her at a combined disability rating of 70%.
The applicant provided no documentation in support of her application. The
applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 May 1984, the applicant was appointed a second lieutenant, Reserve of
the Air Force (ResAF), and entered active duty on 21 August 1994 at the age
of 37. She served as a clinical nurse and was progressively promoted to
the grade of captain (O-3) with an effective date and a date of rank of 4
July 1998. During the combined rating period from 24 February 1995 through
12 February 2000, the applicant received six officer performance reports,
in which she was rated “Meets Standards” in all performance factors.
On 1 February 2001, the applicant was voluntarily released from active duty
under the Special Separation Bonus (SSB) Early Separation Program receiving
a $42,231.14 separation bonus. She served 6 years, 5 months, and 11 days
on active duty.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letters prepared by
the appropriate offices of the Air Force at Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant is of the opinion that no change in the
applicant’s records is warranted. The BCMR Medical Consultant states that
at the time of the applicant’s separation medical examination, she was
medically qualified for continued worldwide duty. Review of her medical
records confirms that the applicant experienced back pain throughout her
period of active duty and was also diagnosed and treated for irritable
bowel syndrome. There is no evidence that either of these conditions
interfered with her performance of duty. There is no documentation in her
service medical record that indicates she was diagnosed or treated for
Hepatitis C. At the time of her medical separation exam on 4 January 2001,
there was no finding of a medical condition that would have warranted
evaluation in the Air Force Disability System. The applicant indicates
that since her discharge, the DVA granted her service-connected disability
at 70%.
It is the BCMR Medical Consultant’s opinion that action and disposition in
this case are proper and equitable reflecting compliance with Air Force
directives that implement the law. The BCMR Medical Consultant’s
evaluation is at Exhibit C.
AFPC/DPPD recommends denial of the applicant’s request. DPPD states that
the applicant has not submitted any material or documentation to show an
injustice or error occurred during her voluntary separation. After an
assessment of the applicant’s records, they find no errors or
irregularities during her discharge under the SSB early release program.
The medical aspects of this case are explained in the BCMR Medical
Consultant’s advisory and DPPD wholeheartedly agrees with his comments and
recommendation. The DPPD evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 February 2004, copies of the Air Force evaluations were forwarded to
the applicant for review and comment within 30 days. 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case and do not find that
it supports a determination that the applicant was improperly released from
active duty when she elected to be voluntarily released under the Early
Separation Program, accepted a Special Separation Bonus and subsequently
transferred to the Air Force Reserve. In order for a member to be retired
by reason of physical disability, by law, it must be established that the
member is unfit to perform the duties of his or her office and grade in
such a manner as to reasonably fulfill the purpose of their employment on
active duty. Neither does the record reveal nor has the applicant provided
any evidence that would lead us to believe that she was physically unfit
within the meaning of the governing regulation, which implements the law.
In view of the above and absent persuasive evidence that the applicant was
denied rights to which entitled, appropriate regulations were not followed,
or appropriate standards were not applied, we agree with the opinions and
recommendations of the BCMR Medical Consultant and the appropriate Air
Force office and adopt their conclusions as our findings in the case.
Therefore, applicant's request is not favorably considered.
_________________________________________________________________
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 this application in Executive
Session on 13 April 2004, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. James W. Russell III, Member
The following documentary evidence for AFBCMR Docket Number BC-2003-01933
was considered:
Exhibit A. DD Form 149, dated 27 May 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 21 Nov 03.
Exhibit D. Letter, AFPC/DPPD, dated 30 Jan 04.
Exhibit E. Letter, SAF/MRBR, dated 6 Feb 04.
MICHAEL K. GALLOGLY
Panel Chair
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