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AF | BCMR | CY2007 | BC 2007 03564
Original file (BC 2007 03564.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03564
		INDEX CODE:  110.02
	 	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His honorable discharge be changed to a medical discharge or 
retirement.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He did not receive a Medical Evaluation Board (MEB) for his 
injuries and corrective procedures while in the military.  His 
injuries have worsened every year since his discharge.   

His medical injuries were more severe than other individuals who 
were reportedly medically retired or received some type of 
separation pay.

He was informed by a friend (who has the same injuries as his) 
of options he should have been informed of prior to discharge.

His injury prevented him from furthering his Air Force career.

The applicant's complete submission is at Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 24 Nov 99 and was 
honorably discharged on 23 Nov 03.

Medical records reveal the applicant was evaluated by an 
orthopedic surgeon on 6 Dec 01 and underwent surgical treatment 
for a foot ailment on 24 Oct 02.  On 7 Nov 02, a post-operative 
evaluation revealed that the applicant “was doing very well.”  

Other records reveal the applicant underwent an excisional 
biopsy of a lump and was evaluated and treated for mid-upper 
back pain on 18 Apr 01 and on 26 Oct 01.

Other relevant facts are outlined in the BCMR Medical 
Consultant’s evaluation at Exhibit C.
________________________________________________________________
_

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial. The BCMR Medical 
Consultant states the applicant’s medical records revealed there 
were no substantial indicators that he should have been referred 
through the Military Disability Evaluation System (MDES) instead 
of the normal separation action he received.  Specifically, the 
BCMR Medical Consultant found no evidence of recurring 
restricted duty, as would otherwise be depicted on an AF Form 
422, Physical Profile Serial Report, to reflect chronic duty-
limiting impairment.

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

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 23 May 08 for review and comment within 30 days 
(Exhibit D).  As of this date, this office has not received a 
response.

________________________________________________________________
_

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

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-
2007-03564 in Executive Session on 9 July 2008, under the 
provisions of AFI 36-2603:

	Ms. XXXXXXXXXXXX, Panel Chair
	Mr. XXXXXXXXXXXX, Member
	Ms. XXXXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Oct 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant, dated
                22 May 08.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 08.



                                   XXXXXXXXXXXXXX
                                   Panel Chair



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