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AF | BCMR | CY2004 | BC-2003-02016
Original file (BC-2003-02016.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02016
            INDEX NUMBER:  108.00
      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His honorable discharge from the Air Force be  changed  to  a  medical
retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his discharge, he was unable to  perform  his  assigned
military duties as an armament systems specialist.  At the time of his
discharge from the hospital he was  assigned  duties  working  in  the
snack bar.

In support of his application, the applicant provides copies of rating
decisions on his disabilities by the Department  of  Veterans  Affairs
(DVA).

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was involuntarily separated from service effective    19 Sep
97, while serving in the grade of E-4 with 9 years, 3 months,  and  25
days of service.  The applicant was given a  reenlistment  eligibility
(RE) code of “4D,” “Grade is Senior Airman or Sergeant,  completed  at
least 9 years Total Active Federal Military Service (TAFMS), but fewer
than 16 years TAFMS, and has not been selected for promotion to  Staff
Sergeant (E-5).”

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  consultant  recommends  denial  of  the  applicant’s
request.  The applicant was apparently involuntarily separated with an
honorable discharge as a result of his nonselection for  promotion  to
staff sergeant  (E-5).   Six  months  prior  to  his  separation,  the
applicant sustained numerous injuries in  a  motor  vehicle  accident,
including rib fractures, a collapsed lung, pelvic  fractures,  and  an
ankle fracture.  Medical  records  indicate  excellent  recovery  from
these injuries.  There is no  evidence  in  the  medical  record  that
indicates that applicant was not fit for continued duty at the time of
his separation.

The mere presence of a physical defect or condition does not qualify a
member for disability retirement or discharge.   To  qualify  for  Air
Force disability evaluation the  physical  defect  or  condition  must
render the member unfit for duty and their military career  must  have
been  cut  short  due  to  the  service  connected  disability.    The
applicant’s military career was not cut short by his medical problems,
nor is there evidence in the record that the residuals of his injuries
from his motor vehicle accident were unfitting for continued service.

Members in the process of separating or retiring  are  not  placed  on
medical  hold  for  disability  evaluation  of   medical   conditions.
Furthermore, when there has been no serious deterioration  within  the
final 12 months of active service, the future ability to perform  duty
shall not be a consideration.  The applicant’s  medical  records  show
progressive satisfactory recovery from his motor vehicle injuries.  Of
the several injuries he suffered, only his ankle injury  is  rated  10
percent by the DVA.  The DVA rated his back pain at  20  percent  from
the date of his separation, although there were no medical entries  in
his medical record going back several months before his separation.

Title 38, USC, which governs the DVA compensation system  was  written
to allow awarding compensation ratings for conditions  without  regard
to whether they were unfitting for military service.

The complete evaluation is at Exhibit C.

AFPC/DPPD recommends denial of the applicant’s request.  The applicant
underwent a separation physical on 27 Aug  97.   He  was  subsequently
cleared for worldwide duty with no  disqualifying  physical  profiles.
Military records do not reflect that he was  incapable  of  reasonably
performing his  military  duties.   This  is  confirmed  in  his  last
performance report, which praises his superior duty performance  while
deployed during the period of the report.

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
24 Dec 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 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 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-2003-
02016 in Executive Session on 19 February 2004, under  the  provisions
of AFI 36-2603:

      Mr. VAughn E. Schlunz, Panel Chair
      Ms. Jean A. Reynolds, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 15 Sep 03.
    Exhibit D.  Memorandum, AFPC/DPPD, dated 19 Dec 03.
    Exhibit E.  Letter, SAF/MRBR, dated 24 Dec 03.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

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