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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