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AF | BCMR | CY2007 | BC-2005-03887
Original file (BC-2005-03887.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2005-03887
            INDEX CODE:  108.00
            COUNSEL:  Veteran Services
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Jun 24, 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 20 percent medical discharge be changed to a medical retirement  with  a
30 percent or more disability rating.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The military should have medically retired him  based  on  the  evidence  of
record.  Although he tried, he could not do any job in the  Service  due  to
his eye condition.

In support of his request, applicant provided  copies  of  his  medical  and
dental records.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty  Air  Force  29  Dec  99  as  an  aircraft
electrical and environmental systems journeyman and later  cross-trained  to
become a dental technician.  He served for a period of 5  years,  9  months,
and 28 days.

The applicant met a Medical Evaluation  Board  on  15  Sep  05.   The  Board
declared the applicant unfit for continued service  and  recommended  he  be
separated with severance pay and given a 20 percent disability rating.

The applicant was honorably separated with severance pay  and  a  disability
rating of 20 percent on 26 Oct 05.

Additional relevant  facts  are  outlined  in  the  BCMR  Medical  Advisor’s
advisory opinion at Exhibit C.

_________________________________________________________________



AIR FORCE EVALUATION:

The BCMR Medical Advisor recommends denial.  Once  an  individual  has  been
declared unfit, the Service Secretaries are required  by  law  to  rate  the
condition based upon the degree of  disability  at  the  time  of  permanent
disposition and not on future events.  No change in  disability  rating  can
occur after permanent disposition, even  though  the  condition  may  become
better or worse.

The Department of Veteran Affairs (DVA) operates under  a  separate  set  of
laws and specifically addresses long term medical care, social support,  and
educational assistance.  The DVA is  chartered  to  offer  compensation  and
care to eligible veterans  for  any  service  connected  disease  or  injury
without regard to whether it was unfitting for continued  military  service.
The DVA is also  empowered  to  reevaluate  veterans  periodically  for  the
purpose of changing their disability awards if  their  level  of  impairment
varies over time.  The two systems represent a  continuum  of  medical  care
and disability compensation that  starts  with  entry  on  active  duty  and
extends for the life of the veteran.

The applicant was properly  evaluated,  appropriately  rated,  and  received
full consideration under applicable directives.  There was  no  evidence  to
support a higher rating at the time of separation and the  preponderance  of
evidence supports a disability rating of 20 percent.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


A copy of the  BCMR  Medical  Advisor’s  evaluation  was  forwarded  to  the
applicant on 12 Jan 07 for review and comment within 30 days.   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 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  BC-2005-03887  in
Executive Session on 27 February 2007, under the provisions of AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Dec 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, 11 Jan 07.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Jan 07.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair





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