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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