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AF | BCMR | CY2004 | BC-2004-00908
Original file (BC-2004-00908.doc) Auto-classification: Denied

                       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

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