RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01768
INDEX NUMBER: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 7 DEC 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he was retired by reason of physical
disability in the grade of master sergeant (E-7).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been medically retired since his service-connected
disability interferes with his ability to obtain civilian employment.
In support of the appeal, applicant submits extracts from his Department of
Veterans Affairs (DVA) records, to include a 17 January 1992 Veterans
Administration (VA) rating decision.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 15
January 1963. He was released from active duty in the grade of airman
first class (E-4) on 13 January 1967, and transferred to the inactive
Reserve, after serving 3 years, 11 months, and 29 days of active duty. On
31 August 1979, he enlisted in the Air Force Reserve in the grade of E-4.
He was honorably discharged from the Air Force Reserve on 9 February 1987,
in the grade of master sergeant (E-7), for expiration of term of service
(ETS). He completed 11 years, 5 months, and 7 days of satisfactory
service.
On 17 January 1992, the DVA awarded him a combined compensable disability
rating of 30% for low back strain with herniated pulposus, post operative
laminectomy at L-5-S1, sinusitis, allergic rhinitis, atopic asthma, and
healed fracture of right ankle.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant is of the opinion that no change in the records
is warranted. The BCMR Medical Consultant states, in part, that
applicant’s service medical records for the period 1963 through 1967 show
that his medical conditions did not interfere with military duty and did
not warrant referral into the disability evaluation system. In addition,
his service medical records and DVA records contain no evidence of
aggravation of his medical conditions by military service. To the
contrary, he received a superior enlisted performance report (EPR) five
months prior to his discharge from the Reserve. The DVA operates under a
totally separate system with a different statutory basis. The DVA rates
for any and all service-connected conditions, to the degree they interfere
with future employability, without consideration of fitness. Whereas, the
Air Force rates a member's disability based on the degree of severity at
the time of separation.
The BCMR Medical Consultant evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
While assigned to Thailand, he developed South East Asian Asthma and
currently suffers from severe chronic respiratory problems, which
frequently require his hospitalization.
Applicant’s complete response is at Exhibit G.
_________________________________________________________________
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 BCMR Medical Consultant and
adopt his rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the absence of
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 Docket Number BC-2004-01768
in Executive Session on 23 June 2005, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Christopher D. Carey, Member
Mr. Wayne R. Gracie, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 May 04, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 2 May 05.
Exhibit D. Letter, SAF/MRBR, dated 5 May 05.
Exhibit E. Letter, Applicant, dated 11 May 05.
Exhibit F. Letter, AFBCMR, dated 19 May 05.
Exhibit G. Letter, Applicant, dated 31 May 05.
THOMAS S. MARKIEWICZ
Chair
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