Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-02823
Original file (BC-2004-02823.doc) Auto-classification: Denied

                       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

Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-03161

    Original file (BC-2004-03161.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03161 INDEX NUMBER: 108.00 XXXXXXX COUNSEL: None XXXXXXX HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 8 Apr 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His disability discharge with severance pay on 19 Jun 00 be changed to a medical retirement. On 28 Mar 00, an IPEB diagnosed the applicant with the unfitting condition of...

  • AF | BCMR | CY2005 | BC-2004-01919

    Original file (BC-2004-01919.doc) Auto-classification: Denied

    Medical record entries cannot be created by physicians who did not evaluate and treat the patient at the time of injury or illness, or for medical encounters that did not occur. The BCMR Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 10 June 2005 for review and response within 30 days. We took notice of...

  • AF | BCMR | CY2005 | BC-2004-02430

    Original file (BC-2004-02430.doc) Auto-classification: Approved

    The BCMR Medical Consultant does not conclude that the evidence in the service medical records support change of records to show disability discharge for anxiety disorder and notes that the predominant diagnosis interfering with duty at the time was the non-compensable personality disorder. The complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A response to the Air Force evaluation was provided...

  • AF | BCMR | CY2006 | BC-2005-01954

    Original file (BC-2005-01954.DOC) Auto-classification: Denied

    The fact that the applicant has been granted service connected disability from the DVA does not entitle her to Air Force disability compensation. Applicant contends her psychiatric condition was aggravated by her Air Force Reserve service. We believe it is interesting to note that although the applicant was diagnosed with personality disorder while on active duty and reported symptoms of depressed mood at the time of her separation examination, she did not seek medical attention nor was...

  • AF | BCMR | CY2000 | 9901223

    Original file (9901223.doc) Auto-classification: Denied

    Applicant’s EPR profile follows: Period Ending Evaluation 7 Feb 95 5 7 Feb 96 4 7 Feb 97 4 AIR FORCE EVALUATION: The BCMR Medical Consultant reviewed this entire case file and determined that the applicant had appropriate evaluation and care prior to his separation from the military and that he did not exhibit symptoms of disorders for which he is currently being treated. A copy of the evaluation is attached at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed...

  • AF | BCMR | CY2003 | BC-2002-02788

    Original file (BC-2002-02788.doc) Auto-classification: Denied

    The applicant disagreed with the Board’s findings and requested a formal hearing of his case. His rebuttal requested that his medical condition be evaluated as 40 percent disabling or higher. The complete evaluation is at Exhibit D. _____________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Dec 02 for review and comment within 30 days.

  • AF | BCMR | CY2005 | BC-2005-01141

    Original file (BC-2005-01141.doc) Auto-classification: Denied

    The IPEB diagnosed the applicant with asthma with a disability rating of 10 percent. On 8 Nov 02, the FPEB determined that testimony and medical evidence confirmed the findings of the IPEB and maintained the same recommendation that the applicant be discharged with severance pay with a compensable disability rating of 10 percent. On 17 Dec 02, the Secretary of the Air Force Personnel Council (SAFPC) directed that the applicant be separated from active service for physical disability with a...

  • AF | BCMR | CY2008 | BC-2008-01249

    Original file (BC-2008-01249.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01249 INDEX CODE: 108.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was promoted to the grade of Technical Sergeant (E-6) effective and with a date of rank of 1 Apr 05, and medically retired in the grade of E-6. He appealed this decision to the FPEB, at which...

  • AF | BCMR | CY2007 | BC-2006-01738l

    Original file (BC-2006-01738l.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01738 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: DEC 10, 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be changed to reflect permanent disability retirement with a disability rating of 100 percent. Disability compensation at that time was tax-free and the 70 percent...

  • AF | BCMR | CY2005 | BC-2004-00669-2

    Original file (BC-2004-00669-2.DOC) Auto-classification: Denied

    On 2 May 79, applicant submitted an application to the AFBCMR requesting medical discharge with 100% disability. The Medical Consultant states the fact that she has been granted service connection for her disability by the DVA does not entitle her to Air Force disability compensation. The Medical Consultant's evaluation, is at Exhibit H. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant responded that she was not fit for...