RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00075
            INDEX CODE:  108.03

            COUNSEL:  NONE

            HEARING DESIRED: YES




MANDATORY CASE COMPLETION DATE:  3 July 2006



_________________________________________________________________

APPLICANT REQUESTS THAT:

Special Form 502,  Narrative  Summary  (Clinical  Resume),  signed  on
9 April  2003  be  corrected  to  reflect  he  did   inform   military
authorities of an injury he received while on temporary duty at Wright-
Patterson (W-P) AFB.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His Special Form 502, Narrative Summary  (Clinical  Resume),  dated  9
April 2003, states he failed  to  notify  military  authorities  of  a
potential Line of Duty (LOD) injury.  Applicant holds the  SF  502  is
incorrect as he discussed the issue of injury with  a  unit  physician
and the medical squadron’s non commissioned officer in charge (NCOIC).
 The NCOIC noted, while she was aware of the  injury,  she  could  not
locate copies of the LOD  determination  needed  for  the  physician’s
medical evaluation.  In fact,  he  was  placed  on  physical  profile.
After becoming aware of the missing statement, he requested  the  Wing
Commander (WG/CC) order an investigation on 8 September 2003.  He  did
not receive a response from the WG/CC and then filed a complaint  with
the Inspectors General (IG) office.  He  was  never  provided  with  a
final report from the IG.  He submitted  a  congressional  inquiry  on
this issue that resulted in him being told he needed to file a DD 149,
Application for Correction of Military Record.

In support of his appeal, the applicant has  provided  copies  of  his
military  and  civilian  medical  records,  pertinent  copies  of  his
application to his congressman, LOD determination, several  copies  of
orders, insurance disability  forms,  disability  status  reports  and
letters, Physical Profile Reports, annual medical certificates,  world
wide duty determinations, ANG Disability Evaluation Program paperwork,
his medical evaluation board fitness for duty letter, email trail  and
a request for discharge.

Applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

Applicant joined the California Air National Guard (CAANG) on 24 April
1997.  He was progressively promoted to the grade of  master  sergeant
with an effective and date of rank of 1 December 2000.  He experienced
an injury while attending Annual Training (AT) in Ohio during  January
2001.  On 5 June 2001, he was put under a physical profile wherein  he
was declared not worldwide qualified.  He was  limited  to  performing
light duty only.  The Physical Profile was  in  force  for  one  year.
According to an official narrative dated 9  April  2003,  he  did  not
notify military authorities of a potentially LOD injury.  Instead, the
narrative goes on to say he began treatment with his primary physician
back home until March 2002.  On 28 March 2002, he underwent left L5-S1
Hemilaminectomy and Microdiscectomy.   Soon  after,  his  neurosurgeon
released him to his civilian job but  only  to  perform  “office  type
work.”  He had returned to a productive civilian employment and  could
exercise to the limits prescribed by his surgeon however he was  still
limited to performing “office type work.”  On 1 May 2002, his  surgeon
recommended he  be  allowed  to  attend  UTA’s  with  restricted  duty
limitations until 1 June 2003.  On 2 July 2002, his squadron commander
recommended he be extended on 4T status until 1 June 2003 in order  to
assist the unit through upcoming military inspections.  On 4 May 2003,
his commander submitted a Medical Evaluation to Determine Fitness  for
Duty indicating that though he had performed UTA’s  in  a  light  duty
status since June 2001 and while he had been a valuable member of  the
unit, his medical condition had prevented deployment  and  may  impact
mission readiness in the future.  His medical profile expired in  June
2003 and  he  was  notified  he  would  not  be  allowed  to  continue
participating in UTA’s.  On  18  July  2003,  he  submitted  a  letter
expressing his desire for an early retirement.   A  medical  narrative
accomplished on 9 April 2003  listed  his  prognosis  as  guarded  for
further  lumbar-sacral  disease.   As  his   condition,   while   well
controlled within  certain  limits,  would  limit  him  from  mobility
assignments, he could not continue  his  military  position  with  the
CAANG and a medical discharge was warranted.   On  29  July  2003,  HQ
ANG/SGP medically disqualified him for military duty.   On  26  August
2003, he requested the paperwork be finalized that would enable him to
retire early.  He asked for a retirement date of  30  September  2003.
On  6  September  2003,  a  Request  for  Discharge  –   Airman,   was
accomplished wherein he applied for transfer to the Retired Reserve to
await Reserve retired pay at age 60.  His request was approved and  he
was transferred to the Retired Reserve list effective 1 October  2003.
He was serving in the grade of MSgt and had 16 years of service.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFOC recommends denial.  DPFOC contends the  applicant  presented
no documentation within his application to  substantiate  his  request
and what documentation does exist appears to have been accomplished by
the applicant.  DPFOC notes neither the Extension of 4T status nor any
of the AF Form 422’s, Physical Profiles,  makes  any  mention  of  his
injury  occurring  on  military  status.   DPFOC  states  unless   the
applicant can provide documentation from the  unit  that  specifically
states his injury occurred while in a military  status,  there  is  no
basis to grant relief and alter the SF 502.

DPFOC’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
24 February 2006 for review and comment within 30 days.   As  of  this
date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

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 are not persuaded by the applicant’s contention  that  the
SF  502  was  prepared  erroneously  nor  are  we  persuaded  by   his
unsubstantiated assertion that he has been the victim of an injustice.
 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.  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  issue(s)   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 AFBCMR Docket Number BC-
2005-00075 in Executive Session on 28 March 2006, under the provisions
of AFI 36-2603:

      Mr. Jay H. Jordan, Panel Chair
      Ms. Renee M. Collier, Member
      Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Dec 04, w/atchs
    Exhibit B.  Letter, ANG/DPFOC, dated 21 Feb 06
    Exhibit C.  Letter, SAF/MRBR, dated 24 Feb 06.




                                   JAY H. JORDAN
                                   Panel Chair