RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03675
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect she was medically retired.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was in an accident while on active duty. She did not know she
could be medically retired and had not researched her options at the
time of her discharge. She just found out she should have retired due
to the injuries that prevented her from doing her job.
In support of her appeal, the applicant provided a copy of her
separation document and documentation pertaining to her Department of
Veterans Affairs (DVA) rating decision.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 10 Oct 90 for a period
of four years in the grade of airman basic.
On 20 Dec 91, while about 25 weeks pregnant, the applicant was rear-
ended in a motor vehicle accident by an automobile traveling
approximately 40 miles per hour while she was at a standstill.
On 5 Jan 92, she was medically examined after complaining of lower
back pain and discomfort while at bed rest.
On 20 Jan 92, she was hospitalized as a result of her premature labor.
On 21 Feb 92, she gave birth to a son who was six weeks premature.
On 23 Mar 92, she requested she be separated from active duty on 6 May
92 for dependency/hardship, which was approved.
On 6 May 92, the applicant was honorably discharged under the
provisions of AFR 39-10 (Hardship Reasons). She was credited with 1
year, 6 months, and 27 days of active service.
A Department of Veterans Affairs (DVA) Rating Decision, dated 24 Sep
03, indicates the applicant was granted service-connected disability
compensation for degenerative disc disease, lumbar spine, with
limitation of motion (20 percent); degenerative disc disease, cervical
spine, with mid cervical fracture and limitation of motion (20
percent); and, degenerative disc disease, thoracic spine, with
limitation of motion (20 percent), for a total combined disability
compensation rating of 50 percent.
_________________________________________________________________
AIR FORCE EVALUATION:
The Medical Consultant recommended denial indicating the evidence of
record did not show the applicant’s medical condition was unfitting at
the time of her separation. Arguing for the moment that it was, and
the applicant was evaluated in the disability evaluation system
leading to a finding of unfit, her condition would have rated no more
than 10 percent and would not have qualified for a disability
retirement. According to the Medical Consultant, since the DVA
deducts dollar for dollar the amount of any disability severance pay
received from DVA benefits, no injustice occurred. Disability
occurring after separation does not make the applicant eligible for
military disability compensation. In his view, the action and
disposition in this case were proper and equitable reflecting
compliance with Air Force directives that implement the law, and no
change in the records is warranted.
A complete copy of the 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 applicant on 8 Apr
04 for review and response. As of this date, no response has been
received by this office (Exhibit D).
_________________________________________________________________
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 do not find it sufficient to override the rationale
provided by the Medical Consultant. Therefore, in the absence of
evidence that at the time of her separation from active duty, the
applicant was unfit to perform the duties of her rank and office,
within the meaning of the law, we agree with the recommendation of the
Medical Consultant and adopt his rationale as the basis for our
decision the applicant has failed to sustain her burden of
establishing she has suffered either an error or an injustice.
Accordingly, 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-
2003-03675 in Executive Session on 18 May 04, under the provisions of
AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Ms. Cheryl V. Jacobson, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Medical Consultant, dated 22 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 8 Apr 04.
BRENDA L. ROMINE
Panel Chair
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