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AF | BCMR | CY2006 | Bc-2005-00136
Original file (Bc-2005-00136.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00136
            INDEX NUMBER:  145.00
      xxxxxxxxxxxxxxx  COUNSEL:  Military Order of the
                          Purple Heart

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 JAN 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be  corrected  to  show  she  was  disability  retired  and  not
discharged after completion of required active service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her medical conditions warranted evaluation  by  the  Air  Force  Disability
Evaluation System.

In support of her request, the applicant submits a copy  of  her  Department
of Veterans Affairs (DVA) Rating Decision and a copy of  her  DD  Form  214,
Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  22  February  1994,  and
was progressively promoted to the grade of staff sergeant.  On 14 May  2004,
she was  discharged  after  completion  of  required  active  service.   She
received a reenlistment eligibility  code  of  3D,  “Second-term  or  career
airman who refused to get permanent change of station or permanent  tour  of
duty assignment retainability.”  She served a total of 10  years,  2  months
and 21 days active duty service.  On 15 May 2005, the applicant enlisted  in
the Reserves and currently serves in the grade of staff sergeant.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR Medical  Consultant  recommends  denial  and  states  in  part  the
preponderance  of  evidence  of  the  records  reflect  that  the  applicant
continued to perform her military duties in an excellent manner despite  her
medical conditions and that  referral  for  disability  evaluation  was  not
warranted at that time.  She voluntarily separated at the expiration of  her
obligated term of service and her medical conditions  were  not  the  reason
she separated.  Her service incurred conditions have  been  granted  service
connected disability ratings  by  the  DVA  in  accordance  with  Title  38;
however, this does not establish a basis  for  similar  action  by  the  Air
Force.  Action and  disposition  in  this  case  are  proper  and  equitable
reflecting compliance with Air Force directives that implement the law.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant states during the last 12 months of active duty  service,  her
neck, mid back, and lower back pain; in addition to her  migraine  headaches
progressively worsened.  She experienced chronic pain throughout  her  body,
which has been diagnosed  by  the  DVA  as  fibromyalgia.   If  her  medical
problems were evaluated while she was on active duty, she  would  have  been
rendered unfit to continue active military service.   During  the  last  six
months of service, she should  have  been  given  a  more  thorough  medical
evaluation.  Given the multitude of medical problems, she should  have  been
placed on medical hold pending separation and  her  medical  records  should
have been thoroughly evaluated.  However, no one advised her that she  could
apply for medical retirement at the time.

The applicant’s complete response, with attachments, 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 see no evidence, which  would  lead  us
to believe that at the time of her separation, she suffered from a  physical
condition or disability, which prevented her  from  performing  her  regular
military duties or disqualified her from  worldwide  service.   Since  there
were no disqualifying medical conditions at the time of her  separation,  we
see no reason why she would have been  eligible  for  consideration  in  the
disability evaluation system.  Therefore, we agree  with  the  opinions  and
recommendation of the BCMR Medical Consultant that  the  applicant  has  not
been the victim of an error or injustice.   In  the  absence  of  persuasive
evidence to the contrary, the Board finds 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 this application  in Executive
Session on 16 November 2006, under the provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. James A. Wolffe, Member
            Mr. James L. Sommer, Member


The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2005-00136:

      Exhibit A.  DD Form 149, dated 20 Jan 05, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 22 Sep 06.
      Exhibit D.  Letter, SAF/MRBR, dated 28 Sep 06.
      Exhibit E.  Letter, Applicant, dated 16 Oct 06, w/atchs.




               THOMAS S. MARKIEWICZ
               Chair



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