RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02823
INDEX NUMBER: 108.00
XXXXXXXXXXXXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 10 Mar 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His release from active duty at the completion of required service in
1996 be changed to a medical retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not advised about a medical retirement during his separation
briefing and was only given an application for compensation and
advised to turn it in to the regional Department of Veterans Affairs
(DVA) office.
He believes he was released from active duty with several
disabilities. He is currently rated at 60% disability by the DVA.
In support of his appeal, applicant provides a copy of his DD Form 214
and a copy of his disability rating decision from the DVA.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 24 Apr 92 and
was promoted up to the grade of senior airman (E-4). The applicant
was released from active duty on 23 Apr 96 after completion of his
enlistment. He was given a Reenlistment Eligibility (RE) code of
“1J,” “Eligible to reenlist, but elects separation.”
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. During the time he served on active duty the applicant
experienced a spontaneous left pneumothorax, symptoms of irritable
bowel syndrome, and ankle instability (due to tibia varum and
ligamentous laxity) with occasional minor sprains for which he did not
seek medical attention. None of these conditions interfered with his
military service or were disqualifying for continued military service.
The fact that the applicant has been granted service connected
disability from the DVA does not entitle him to Air Force disability
compensation. 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 or precludes assignment
to military duties. 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 and result in service
connected DVA compensation is not a basis to retroactively grant a
military disability discharge or disability compensation.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5
Aug 05 for review and comment within 30 days. To date, a response has
not been received.
_________________________________________________________________
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.
_______________________________________________________________
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-
02823 in Executive Session on 21 September 2005, under the provisions
of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Charlie E. Williams, Jr., Member
Mr. Jay H. Jordan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Sep 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 4 Aug 05.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 05.
JOSEPH G. DIAMOND
Panel Chair
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