RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  03-03221
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he was medically retired.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The complication he currently has dates back to when he was on active  duty.
 His enlistment ended prior to  military  medical  doctors  determining  his
ailment.  Through an evaluation  by  the  Veteran’s  Administration  it  was
determined  that  he  was  suffering  from  Chronic  Obstructive   Pulmonary
Disease.  He served his country proudly for four years and suffered  through
multiple tests during his last year of duty.

Applicant submits no supporting documentation.  His complete  submission  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 28 June 1995, the applicant enlisted in the Regular Air  Force.   He  was
progressively promoted to the grade  of  senior  airman.   He  received  two
Enlisted Performance Reports (EPRs) closing 27 February  1997  and  4  April
1998, in which the overall ratings were 5.  On 27 June 1999, he  voluntarily
separated due to completion of required  active  service,  having  served  4
years in the Regular Air Force.  After  having  been  released  from  active
duty, he was transferred to the Air Force  Reserve  for  completion  of  his
military service obligation, which occurred on 9 February 2003.

On 21 April 1999, the applicant elected to have a medical  examination  upon
separation.  On this same date, military medical  authorities  reviewed  his
medical  records  and  determined  that  a  physical  examination  was   not
required.

Documents provided by the Department  of  Veterans  Affairs  (DVA)  indicate
that the applicant filed an application for compensation or  pension  on  22
June 1999, listing various alleged disabilities.  There is no record of  the
final disposition of this claim.

The  remaining  relevant  medical  facts  pertaining  to  this  application,
extracted from the applicant’s military medical records,  are  contained  in
the letter prepared by the BCMR Medical Consultant at Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied.  The  BCMR
Medical Consultant states that a review of his service medical record  finds
no evidence that the applicant should have been placed on medical  hold  and
referred for evaluation in the disability evaluation  system.   Although  he
had some health concerns in the final eight months of service, there was  no
indication that he was unable to perform his duties and  that  the  symptoms
represented an illness that should have  prompted  referral  for  a  Medical
Evaluation Board.  The  Medical  Consultant  advises  that  the  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.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  19
March 2004 for review and response.   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 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.  Evidence  has  not  been  presented  which
would lead us to believe that the applicant’s release from  active  duty  by
reason of completion of required service was improper  or  contrary  to  the
provisions of the governing  instructions,  which  implement  the  law.   In
order for the  applicant  to  qualify  for  disability  processing,  it  was
necessary that medical authorities determine that his fitness for  worldwide
duty was  questionable.   The  applicant’s  medical  records  indicate  that
approximately eight months prior to his release from  active  duty,  he  had
some health concerns; however, there was no indication that  he  was  unable
to perform his duties.  It may be  true  that  the  applicant  is  receiving
medical treatment by the DVA, as he alleges, or  compensation  for  service-
connected conditions, which has not been shown by  the  evidence.   However,
these factors, alone, do not substantiate that the applicant  was  unfit  to
perform the duties of  his  rank,  office  or  grade  at  the  time  of  his
separation because of physical disability, as required by the law.  In  view
of the above, we agree with the assessment  of  this  case  by  the  Medical
Consultant and find that the applicant has  not  sustained  his  burden  for
providing a showing of error or  injustice.   Accordingly,  the  applicant’s
request is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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,  AFBCMR
Docket No. BC-2003-03221, in Executive Session on 11  May  2004,  under  the
provisions of AFI 36-2603:

                 Mr. John L. Robuck, Panel Chair
                 Ms. Martha J. Evans, Member
                 Ms. Olga M. Crerar, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Sep 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, 8 Mar 04.
      Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.




                                   JOHN L. ROBUCK
                                   Panel Chair