RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02155
            INDEX CODE:  108.03

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to reflect a disability  discharge  rather  than
transfer to the Retired Reserve awaiting pay at age 60.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The findings of the Medical  Evaluation  Board  (MEB)  that  his  non-
compensation discharge was caused by a “pre-existing  condition”  were
incorrect.  The condition he was  medically  discharged  for  did  not
exist prior to service (EPTS) in 2003.  If  it  did,  he  contends  he
should not have been activated for a deployment.  He returned from the
Persian Gulf War in 1991 and doctors at Fort  Jackson  told  him  they
could not find anything to cause his back problems.  The  doctors  did
not treat him for anything at this time and he received  no  treatment
from 1991 to 2003 when he was activated.

In support of his appeal, the applicant has  provided  copies  of  his
medical records and pertinent MEB documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served on active duty in the Regular Air Force  from  26 May
1969 to 28 February 1973.  He was in the Inactive Ready Reserve  (IRR)
from 1 March 1973 to 25 May 1975 after which he remained  in  civilian
status for 10 years until enlisting in the Air National Guard (ANG) on
6 December 1986 until 30 September 1991 which included a tour of  duty
in support of Desert Shield/Storm in November 1990 to April 1991.   He
was discharged and remained a civilian  from  1  October  1991  to  16
October 1995 when he reenlisted with the ANG.  During this last period
of service he was mobilized to extended active  duty  on  18  February
2003 in support of Operation Enduring Freedom.  On 4  March  2003,  he
was deployed to Al Dhafra Air Base (AB) until 8 July 2003.   Available
medical records indicate care while  deployed  to  Al  Dhafra  AB  for
chronic low back pain of several years duration  previously  diagnosed
as degenerative disc disease that was aggravated  by  lifting.   After
his return to his State, he  was  evaluated  by  a  neurologist  whose
findings were chronic degenerative disc changes without herniation  of
a long-term nature.  Medical documentation revealed chronic back  pain
during his deployment to Desert Storm that ultimately was traced  back
to an automobile accident sometime in the 1980’s.  An MEB, convened 21
January 2004 concluded his condition  existed  prior  to  service  and
referred his  case  to  the  Physical  Evaluation  Board  (PEB).   The
Informal PEB (IPEB) determined his chronic condition was unfitting for
continued service and  existed  prior  to  service  without  permanent
aggravation by military service by noting there was  no  documentation
of any trauma while on active duty that would cause progression beyond
the natural progression of the condition.  The IPEB noted the severity
of the condition and assigned a 10 percent rating and  recommended  he
be discharged under other than  Chapter  61  for  his  EPTS  condition
without service aggravation.  On 26 February 2004,  he  signed  an  AF
Form 1180 agreeing with the findings and recommendations of the  IPEB.
On  16 March  2004,  he  was  administratively   discharged   due   to
disqualification of a non-duty  related  chronic  back  condition  and
subsequently  transferred  to  the  Retired  Reserve  List   effective
17 March 2004 under the provisions of Title 10,  Section  12731b.   He
was serving in the grade of technical sergeant and  had  completed  15
years, 11 months and 28 days of satisfactory service.

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant states  medical  records  available  for
review were limited to service medical records dating  only  from  May
2003, during the time he was deployed to Al  Dhafra  AB,  and  do  not
provide sufficient information regarding the entire medical course  of
his chronic back condition, dating back to a motor vehicle accident in
the 1980’s, in order to overcome the presumption of  regularity.   The
preponderance of the evidence indicates action and disposition in this
case are proper and equitable reflecting  compliance  with  Air  Force
directives that implement the  law.   Complete  civilian  as  well  as
military records from the time of the 1980’s  motor  vehicle  accident
may provide additional evidence warranting reconsideration.

The remaining pertinent medical facts are contained in the evaluation
prepared by the BCMR Medical Consultant at Exhibit C.

_________________________________________________________________






APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
11 August 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 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.  Applicant did not provide evidence his back condition  was
anything but a chronic condition unfitting for continued service  that
existed prior to service as a result of a vehicle accident.   Further,
the record contains no documentation of any trauma suffered  while  on
active  duty  that  would  cause  progression   beyond   the   natural
progression of the condition.  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  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-
2005-02155  in  Executive  Session  on  4  October  2006,  under   the
provisions of AFI 36-2603:



      Mr. Christopher D. Carey, Panel Chair
      Mr. Steven A. Cantrell, Member
      Ms. Renee M. Collier, Member

The following documentary evidence was considered:

    Exhibit A. DD Form 149, dated 1 Jul 05, w/atchs.
    Exhibit B. Applicant's Master Personnel Records.
    Exhibit C. Letter, BCMR Medical Consultant, dated, 10 Aug 06.
    Exhibit D. Letter, SAF/MRBR, dated 11 Aug 06.




                                   CHRISTOPHER D. CAREY
                                   Panel Chair