RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01972
INDEX NUMBER: 108.00
XXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 17 Dec 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge and assignment to the Retired Reserve be changed to a
disability retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged from the Air National Guard and found medically
unfit for further service without the benefit of a medical evaluation
board (MEB).
In support of his appeal, applicant provides a copy of his report of
separation, copies of a DD Form 214s, a copy of his discharge orders,
and extracts from his medical records.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, a master sergeant (MSgt) in the Air National Guard was
found medically unfit as a result of a physical examination conducted
in March 2002. He was certified medically disqualified by ANG/SGPS on
13 May 02 for worldwide duty due to history of chronic lumbar
spondylosis with restrictions. The applicant was discharged from the
Air National Guard on 10 Jul 02. He was subsequently transferred to
the Retired Reserve on 12 Jul 02 with 27 years, 9 months, and 10 days
of total service with entitlement to retired pay at attainment of age
60, which would be on 29 November 2015. Additional facts
pertaining to the applicant’s request are contained in the evaluation
prepared by the BCMR Medical Consultant found at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. The applicant was medically disqualified for continued
service in the ANG in 2002 due to chronic cervical spine and lumbar
spine conditions caused by non-duty related motor vehicle accidents in
May 2000 and June 2001. There is no documentary evidence that
military duty caused or permanently aggravated his conditions beyond
their natural progression. The applicant did experience a bout of
viral hepatitis in 1975 while on active duty, but recovered without
complication, and evaluation over 20 years later showed no evidence
of chronic liver disease.
The Military Disability Evaluation System, established to maintain a
fit and vital fighting force, can by law under Title 10 only offer
compensation for service incurred diseases or injuries, which
specifically rendered a member unfit for continued active service,
were the cause for termination of their career, and then only for the
degree of impairment present at the time of separation and not based
on future possibilities.
The applicant cites Title 38 as a basis for correction of his military
records. However, Title 38 is the law governing disability evaluation
and compensation by the Department of Veterans Affairs (DVA) and has
no application to the military disability evaluation system.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response to the Air Force evaluations, the applicant discusses
the medical conditions he is seeking disability retirement for. He
notes that he joined the Air National Guard two years after his
separation from active duty in 1983 and that they had knowledge of the
fact he had hepatitis and that it is duly noted in his military
records. He states on 12 Jul 02, he was medically disqualified for
further military service by the ANG due to a cervical spine injury
suffered in his civilian occupation that was aggravated by military
service. He was told to go the DVA to apply for benefits for both his
active duty and Reserve service, but has had no success. He was
recently notified that his request for a disability rating was denied
due to no physical or medical evidence from the AFBCMR. He states he
has over 400 pieces of medical information, discharge papers, etc to
support his claim, but no one seems to be able to evaluate it.
The applicant’s complete response is at Exhibit E.
_________________________________________________________________
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 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-2005-
01972 in Executive Session on 20 September 2006, under the provisions
of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Wallace T. Beard, Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jun 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 8 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 8 Aug 06.
Exhibit E. Letter, Applicant, dated 5 Sep 06.
MICHAEL J. NOVEL
Panel Chair
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