RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01313
            INDEX CODE:  108.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  20 JUNE 2006

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APPLICANT REQUESTS THAT:

His records be changed to state that he was medically discharged.

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APPLICANT CONTENDS THAT:

He should have been medically discharged from the  Air  Force  in  August
1968;  instead,  he  was  sent  to  a  Veterans  Hospital  where  he  was
discharged.

In support  of  the  application,  the  applicant  submits  his  personal
statement  and  excerpts  from  his  medical  records  and  his  military
personnel   records.    The   applicant's   complete   submission,   with
attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 30 August 1966, the applicant enlisted in the Regular Air Force at the
age of 19 in the grade of airman basic.  He was progressively promoted to
the grade of airman first class effective and with a date of  rank  of  1
September 1967.  On 9 August 1968, he was honorably discharged under  the
provisions of AFM 39-10 for Attribution, Hardship.  He  had  completed  a
total of 1 year, 11 months, and 10 days of active duty service.

The applicant’s sole performance report indicates  “Recommended  for  Air
Force Career.”

In an entry in the  applicant’s  chronological  record  of  medical  care
(hardship discharge  examination),  dated  1  August  1968,  the  medical
examiner identified the applicant’s back  injury  as  asymptomatic.   The
examiner stated that during the interview the applicant specified he  did
not desire retention beyond his separation date for further evaluation or
treatment and denied all other significant medical or surgical history.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant opines no change in the records is warranted.

The BCMR Medical Consultant notes the applicant sustained a  back  injury
in September 1966 falling  down  stairs  approximately  one  month  after
entering active duty.  The applicant continued to serve in his  specialty
as a pavements maintenance specialist until his voluntary separation  due
to family hardship nearly two years  later  in  August  1968.   The  BCMR
Medical Consultant observes in May 1968 an orthopedic surgeon changed the
applicant’s physical profile to L2, limiting heavy lifting and  marching;
however, an L2 profile does not  render  a  member  medically  unfit  for
continued service or warrant evaluation in the medical evaluation system.
 At the time of his separation medical examination, the applicant’s  back
was asymptomatic and the examination was normal.   Immediately  following
separation, the Department of Veterans Affairs  rated  residuals  of  his
service connected back injury at zero percent.  In 2003,  over  34  years
after separation, the DVA increased the disability rating for his back to
20 percent.

The BCMR Medical Consultant states the fact that the applicant  has  been
granted service connected disability  from  the  Department  of  Veterans
Affairs (DVA) does not entitle the  applicant  to  Air  Force  disability
compensation.  The military service disability  system,  operating  under
Title 10, and the Department of Veterans Affairs (DVA) disability system,
operating under Title 38, are complementary systems not  intended  to  be
duplicative.  Operating under different laws with  a  different  purpose,
determinations made by the DoD and  the  DVA  are  not  determinative  or
binding on decisions made by the other.  The mere fact that  the  VA  may
grant service connected  compensation  ratings  following  separation  or
retirement does not establish eligibility for similar action from the Air
Force.   The  Military  Disability  Evaluation  System  can  only   offer
compensation for those diseases or injuries which specifically rendered a
member unfit for continued active service, were the cause for termination
of their career, and then only for the degree of  impairment  present  at
the time of separation.  For an individual to  be  considered  unfit  for
military  service  there  must  be  a  medical  condition  that  prevents
performance of any work  commensurate  with  rank  and  experience.   The
presence of medical conditions that were not unfitting while in  service,
and were not the cause of separation or retirement, that  later  progress
in  severity  causing  disability  resulting  in  service  connected  DVA
compensation is not a basis to retroactively  grant  military  disability
discharge  or  disability  compensation.   The  BCMR  Medical  Consultant
concludes evidence of the record shows that the back injury was  not  the
cause for separation, did not render the applicant  unfit  for  continued
military service  and  did  not  warrant  evaluation  in  the  disability
evaluation  system.   The  BCMR  Medical  Examiner  opines  actions   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.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 December 2005, a copy of the Air Force evaluation was forwarded to  the
applicant for review  and  comment.   As  of  this  date,  this  office  has
received no response (Exhibit D).

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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 probable error or injustice.  After a thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded  that
his honorable discharge should be changed to a medical retirement.   At  the
time of his discharge, no physical  diagnoses  that  might  have  led  to  a
medical discharge were noted.   In  support  of  his  claim,  the  applicant
provided documentation showing he is  currently  applying  to  the  DVA  for
compensation.   The  applicant’s  contention  that  he  should   have   been
medically discharged  is  noted;  however,  in  our  opinion,  the  detailed
comments provided by the AFBCMR Medical Consultant adequately address  these
allegations.  Therefore, we are in complete agreement with the comments  and
recommendation of the AFBCMR Medical Consultant and adopt his  rationale  as
the basis for our decision that the applicant has not  been  the  victim  of
either an error or injustice.  The applicant  has  not  provided  persuasive
evidence sustaining his burden that  he  suffered  either  an  error  or  an
injustice; therefore, we find no compelling basis to recommend granting  the
relief sought.

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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.

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The following members  of  the  Board  considered  AFBCMR  BC-2005-01313  in
Executive Session on 19 January 2006, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Jean A. Reynolds, Member
      Mr. James A. Wolffe, Member

The following documentary evidence in was considered:

    Exhibit A.  DD Form 149, dated 29 Oct 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR Med Consultant dated 7 Dec 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair