RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00908
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His medical discharge be changed to a medical retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 1 Oct 00, he was medically discharged form the Air National Guard
(ANG) for a medical condition called Pyoderma Gangrenosum. On 20
September 2001, the Department of Veteran’s Affairs (DVA) found his
condition to be service-connected. Therefore, he should’ve been
medically retired.
In support of his appeal, the applicant has provided copies of a DD
Form 214, Certificate of Release or Discharge from Active Duty, an
National Guard Bureau (NGB) Form 22, Report of Separation and Record
of Service, an AF Form 618, Medical Board Report, a Request and
Authorization for Discharge/Assignment, and pertinent copies of a DVA
rating decision.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 20 August 1985. He
was progressively promoted to the grade of sergeant and was released
from active duty and transferred to tha Air Force Reserve on
3 December 1990.
He enlisted in the Washington ANG (WAANG) and was progressively
promoted to the grade of staff sergeant (SSgt/E-5) with a date of rank
(DOR) of 9 January 1999. On 5 February 2000, he met a Medical
Evaluation Board (MEB) wherein he was found disqualified for worldwide
duty for a condition that existed prior to service (EPTS) and
recommended for medical discharge. On 1 October 2000, he was
honorably discharged for Medical Disqualification after having served
12 years, 11 months, and 16 days of combined active and ANG service.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. DPPI states the applicant’s assertion
that because the DVA granted service-connection to his injury he
should have been medically retired instead of discharged, is incorrect
as the DVA’s and DoD’s medical findings, while similar, are distinct
and separate from one another. DPPI notes the applicant’s MEB found
his injury to have existed prior to service (EPTS) and was not
aggravated by service. Therefore, in light of the MEB’s findings and
because he does not meet the medical retirement standard of having 15
years of service, he is not eligible for medical retirement.
DPPI’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
11 January 2005 for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. Therefore, based on the available evidence of
record, we find no basis upon which to favorably consider 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-
2004-00908 in Executive Session on 26 April 2005, under the provisions
of AFI 36-2603:
Ms. B.J. White-Olson, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Mar 04, w/atchs.
Exhibit B. Letter, ANG/DPPI, dated 11 Jan 05, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 15 Jan 05.
Exhibit D. Applicant”s Response, dated 10 Feb 05.
B.J. WHITE-OLSON
Panel Chair
AF | BCMR | CY2004 | BC-2004-01514
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01514 INDEX CODE: 135.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded a Reserve retirement at age 60 instead of severance pay due to his having 18 years of service. In support of his appeal, the applicant has provided copies of his DD Form 214, Certificate of Release or Discharge from...
AF | BCMR | CY2005 | BC-2005-00254
INDEX CODE: 131.05 BC-2005-00254 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the...
AF | BCMR | CY2005 | BC-2005-00246
INDEX CODE: 131.05 BC-2005-00246 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the...
AF | BCMR | CY2005 | BC-2005-00250
INDEX CODE: 131.05 BC-2005-00250 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the...
AF | BCMR | CY2005 | BC-2005-00251
INDEX CODE: 131.05 BC-2005-00251 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the...
AF | BCMR | CY2005 | BC-2005-00253
INDEX CODE: 131.05 BC-2005-00253 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the...
AF | BCMR | CY2005 | BC-2005-00252
INDEX CODE: 131.05 BC-2005-00252 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the...
AF | BCMR | CY2005 | BC-2005-00207
INDEX CODE: 131.05 BC-2005-00207 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the...
AF | BCMR | CY2005 | BC-2005-00244
INDEX CODE: 131.05 BC-2005-00244 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the...
AF | BCMR | CY2005 | BC-2005-00245
INDEX CODE: 131.05 BC-2005-00245 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-2603, the applicant's records will be corrected as set forth in the...