RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01949
                       INDEX CODE:  108.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  1 JANUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he received a  medical  disability
retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not given a medical board prior to his discharge.   The  doctor
at the retirement physical only spent 5 minutes on the exam.

In support of  his  appeal,  applicant  submitted  letters  from  the
Department of Veterans Affairs (DVA), Social Security Administration,
Retirement, Survivors and Disability Insurance.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force (RegAF) on  20  May  1983.
He was honorably retired on 1 December 2003.  He served  20  years,  6
month and 11 days of active service.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are  contained  in  the  letter
prepared by the appropriate office of the Air Force (Exhibit C).

_________________________________________________________________

AIR STAFF EVALUATION:

The AFBCMR Medical  Consultant  recommends  the  requested  relief  be
denied.  The applicant  contends  he  was  not  given  a  sufficiently
thorough physical examination to identify that he was  disabled.   The
applicant had a routine physical examination in October  2000  and  no
unfitting medical conditions were identified.  According  to  the  Air
Force Instructions (AFIs), no additional  physical  examinations  were
required at the time of retirement  or  separation,  if  the  previous
physical examination was within  three  years,  unless  the  applicant
related  a  potentially  unfitting  medical   condition   to   medical
authorities or medical authorities identified a potentially  disabling
medical condition.  A  review  of  the  applicant’s  service  medical,
personnel records  and  performance  reports  indicate  the  applicant
continued to perform his  assigned  duties  up  to  the  time  of  his
retirement without restriction.  The applicant despite having multiple
medical problems was able to complete  his  term  of  service  without
warranting a  referral  to  the  disability  evaluation  system.   The
applicant met an Air Force Medical Evaluation Board (MEB) in July 1993
and a Navy MEB in January 1996 and was returned  to  duty  both  times
with  an  Assignment  Limitation  Code   –   C   (medical   assignment
limitation).  Furthermore,  the  applicant’s  medical  records  do  no
reflect that his medical condition worsened requiring another  MEB  at
the time of his retirement.

The AFBCMR Medical Consultant evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

On 18 April 2007, a copy of the Air Force evaluation was forwarded  to
the applicant for review and response within  30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 waive the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  Applicant’s contentions are duly
noted; however, we agree with the opinion and  recommendation  of  the
AFBCMR 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.  The applicant is requesting his records  be  corrected  to
reflect he received medical disability retirement because he  was  not
given  a  medical  board  prior  to  his  retirement.   Although,  the
applicant was seen and treated for  multiple  medical  conditions,  it
appears none of these conditions interfered with  the  performance  of
his duties to the extent warranting a  disability  retirement.   Title
10, USC, Chapter 61 is the federal statue  that  charges  the  Service
Secretaries with maintaining a fit and vital force.  For an individual
to be considered unfit for military service there must  be  a  medical
condition so severe that it prevented  the  performance  of  any  work
commensurate with the servicemembers rank and experience.  Evidence of
record indicates the applicant was found fit and  medically  qualified
for  continued  military  service  at  the  time  of  his  retirement.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

4.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2006-01949 in Executive Session on 11 July 2007, under the  provisions
of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Barbara R. Murray, Member
                       Mr. Richard K. Hartley, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-01949 was considered:

      Exhibit A. DD Form 149, dated 7 Jun 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFBCMR, Medical Consultant, dated
                       16 Apr 07.
      Exhibit D. Letter, SAF/MRBR, dated 18 Apr 07.




                             THOMAS S. MARKIEWICZ
                             Chair