RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01007
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  MS. DEBRA COOPER

                                             HEARING DESIRED:  YES



MANDATORY CASE COMPLETION DATE:  22 September 2006


________________________________________________________________

APPLICANT REQUESTS THAT:

He be medically retired, or in the alternative, his records be corrected  to
show that he completed 15 years of satisfactory service and  he  be  retired
under the provisions of Title 10, United States Code, Section 12731b.

________________________________________________________________

APPLICANT CONTENDS THAT:

He should receive a  medical  retirement  since  his  disqualifying  medical
condition is preventing his completion of  his  Air  Force  Reserve  career.
Further, his  injuries  were  the  result  of  an  October  2000  automobile
accident when he was struck from behind by a vehicle driven by a  reservist.
 He served his country honorably both on active duty and  in  the  reserves.
His family should not be penalized  because  he  is  medically  disqualified
from completing further service, through no fault of his own.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant is a former member  of  the  Air  Force  Reserve  (AFRes).   On  2
November 2004, he requested that he be transferred to the  Retired  Reserve,
effective 6 November 2004.  On 6 November 2004, he was honorably  discharged
from the AFRes due to the expiration of his  enlistment.   He  completed  13
years, 11 months, and 13 days of satisfactory service.

The Department of Veterans Affairs (DVA) awarded him a combined  compensable
disability percentage of 10% for residuals  of  anterior  cruciate  ligament
tear of right knee with early arthritis since 1 April 1999.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends the application be denied, and states, in part, that  in
order to retire under the  provisions  of  Title  10,  United  States  Code,
Section 12731b, a member must have completed at least  15  years,  but  less
than 20 years of satisfactory service, with the last 6 years  of  qualifying
service  in  a  Reserve  component  and  have  a   medically   disqualifying
condition.   Furthermore,  he  did  not  have  a   medically   disqualifying
condition.  As such, he is not eligible for  retired  pay  under  Title  10,
United States Code, Section 12731b.

The ARPC/DPP evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The evaluation incorrectly states that he was never medically  disqualified.
 To the contrary, he was turned down  for  a  Reserve  slot  and  full  time
military position due to his medical problems.  Since he was  on  a  medical
profile of “4” from the 2000 to 2001 timeframe he was unable to  participate
in his old unit and was unable to join a new unit.  Had he been able  to  do
so during this period, he would have completed 15 years of service.

Applicant’s complete response, with attachments, is at Exhibit E.

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  opines  that  no  change  in  the  record  is
warranted and states, in part, that although the applicant may  have  had  a
non-duty related condition that was disqualifying for continued service;  he
has less than 14 years of satisfactory service  and  does  not  qualify  for
Reserve retirement under Title  10,  United  States  Code,  Section  12731b.
Further, medical documentation reveals no  duty  related  medical  condition
warranting processing through the Disability Evaluation System (DES).

The BCMR Medical Consultant’s evaluation is at Exhibit F.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to  the  applicant  and  his
counsel on 13 and 19 June 2006, for review  and  comments  within  30  days.
However, as of this date, no response has been received by this office.

________________________________________________________________

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  warranting  his  retirement.   In  this
respect, we note the applicant had no duty related  medical  condition  that
warranted his processing through the Disability Evaluation System (DES) -  a
prerequisite for disability retirement.  We also note that in order for  him
to have qualified for Reserve retirement under the provisions of  Title  10,
United States Code, Section 12731b, for a  non-duty  related  condition;  he
must have completed at least 15 years of  satisfactory  service  and  had  a
medically disqualifying condition.  Although he  may  have  had  a  non-duty
related condition that was disqualifying for continued service, he had  less
than 14 years of satisfactory service.  While  he  contends  he  would  have
completed 15 years of satisfactory service had he been  medically  qualified
to do so, the fact that he would have been  medically  qualified  to  do  so
would have rendered him ineligible  for  retirement  under  this  provision.
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-2005-01007
in Executive Session on 20 July 2006, under the provisions of AFI 36-2603:

                       Mr. Laurence M. Groner, Panel Chair
                       Mr. James A. Wolffe, Member
                       Ms. LeLoy W. Cottrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memo, ARPC/DPP, dated 13 Jun 05.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 05.
    Exhibit E.  Letter, Applicant, dated 12 Jul 05, w/atchs.
    Exhibit F.  Memo, BCMR Medical Consultant, dated 7 Jun 06.
    Exhibit G.  Letters, AFBCMR, dated 13 & 19 Jun 06.
    Exhibit H.  Letter, Applicant, dated 9 Jul 06.



                                   LAURENCE M. GRONER
                                   Panel Chair