RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00577
INDEX CODE: 108.02
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His voluntary length of service retirement be changed to a medical
retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was retired while still on medication for a service connected
medical condition. His condition warranted referral into the
disability evaluation system and medical retirement. This condition
still exists and requires lifelong medication and treatment.
In support of his request, the applicant submits a copy of a personal
letter he sent to the Secretary of the Air Force, with attachments.
The applicant’s complete submission, with attachments, is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date is
10 February 1967. His service history consists of enlistment in the
Regular Air Force, Air National Guard (ANG) and Air Force Reserve.
During his tenure with the ANG (27 Aug 74 - 3 October 80), he was
promoted to the permanent grade of senior master sergeant (E-8),
Nevada ANG and Reserve of the Air Force, with an effective date and
date of rank of 1 August 1979. Following his separation from the ANG
on 3 October 1980, he was transferred to the Air Force Reserve,
Nonaffiliated Reserve Section (NARS). On 26 August 1981, he was
relieved from his NARS assignment and honorable discharged in the
grade of E-8. On 6 October 1981, the applicant enlisted in the
Regular Air Force in the grade of master sergeant (E-7).
On 26 September 1988, the applicant requested voluntary retirement,
with an effective date of 1 April 1989. On 31 March 1989, he was
relieved from active duty and retired in the grade of master sergeant
(E-7) under the provisions of AFR 35-7 (voluntary--retirement for
years of service established by law). He had completed a total of 22
years, 1 month and 21 days of active service for retirement and 24
years, 11 months and 21 days for basic pay. Effective 10 February
1997, the applicant was advanced to the grade of senior master
sergeant on the Air Force retired list based on the prior
determination by the Secretary of the Air Force that the applicant had
served satisfactorily in that grade and by reason of completing a
total of 30 years of service.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant summarized the information contained in
the applicant’s personnel and medical records and is of the opinion
that no change in the applicant’s record is warranted. Details of his
evaluation are at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 12
October 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. After a thorough review of the
evidence of record and the applicant’s submission, we are unpersuaded
his voluntary retirement for length of service should be changed to a
disability retirement. The applicant’s contentions are duly noted;
however, we do not find these assertions, in and by themselves
sufficiently persuasive to override the rationale provided by the
AFBCMR Medical Consultant. We therefore adopt the rationale expressed
by the AFBCMR Medical Consultant as the basis for our decision that
the applicant has failed to sustain his burden of having suffered
either an error or an injustice. In view of the above and absent
persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing 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 2 December 2004, under the provisions of AFI 36-
2603:
Ms. Marilyn M. Thomas, Vice Chair
Mr. Gregory A. Parker, Member
Ms. B. J. White-Olson, Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2004-00577.
Exhibit A. DD Form 149, dated 16 Feb 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 22 Sep 04.
Exhibit D. Letter, SAF/MRBR, dated 12 Oct 04.
MARILYN M. THOMAS
Vice Chair
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