RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03382
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXXXXXXX              COUNSEL: NONE

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  5 May 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had over 19 years of active duty; therefore, he should have been  put  on
the temporary retirement list until he reached 20 years of active  duty  and
then retired.  He received only a ten percent disability rating by  the  Air
Force Disability Evaluation System when he should have  received  a  seventy
percent disability rating like the  Department  of  Veterans  Affairs  (DVA)
awarded him.

In support of his application, the applicant provides a copy of his DD  Form
214, Certificate of Release or Discharge from  Active  Duty,  DVA  decision,
Medical Evaluation Board (MEB) documentation, medical records, and  numerous
military personnel records  to  include,  performance  reports,  awards  and
decorations documents, certificates of training,  certificates  and  letters
of appreciation, and letters of support.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 22 January 1985, the applicant enlisted in the Regular Air Force  at  the
age of 19 in the grade of airman basic (E-1) for a  period  of  four  years.
He was progressively promoted  to  the  rank  of  technical  sergeant  (E-6)
effective and with a date of rank of 12 December 1997.

On 17 August 2003, the applicant was involved in a  motor  vehicle  accident
which resulted in broken ribs; fractured vertebrae; and a lacerated  spleen,
gallbladder and liver requiring multiple surgeries.  His blood  alcohol  was
336 mg/dl, more than three times the legal limit.  The  applicant’s  medical
record, dated 20 February 2004,  listed,  among  others,  his  diagnoses  of
Major Depressive Order, Recurrent, Moderate in  Partial  Remission;  Alcohol
Abuse;  Narcissistic/Antisocial  Traits   per   historical   charting;   and
Pancreatitis.  The attending physician’s recommendation was for referral  to
an MEB to determine the  applicant’s  eligibility  for  continued  worldwide
duty.

On 9 March 2004, the applicant received Article 15  punishment  for  Driving
under the Influence (DUI).  His commander’s letter,  dated  15  March  2004,
indicates  the  applicant’s  request  for  reenlistment   was   denied   and
recommended that he be medically retired/separated and  not  considered  for
retraining.  On 22 March 2004, the applicant received  a  referral  Enlisted
Performance Report.  On 9 April 2004, the applicant  submitted  a  statement
in his own behalf referencing the referral report.

On 1 March 2004, an MEB recommended  the  applicant’s  return  to  duty  and
referred his case to an Informal  Physical  Evaluation  Board  (IPEB).   The
IPEB findings, dated 26 March 2004, found the  applicant  unfit  because  of
physical disability and recommended he  be  discharged  with  severance  pay
with a disability rating of ten percent.  On 19 April  2004,  the  applicant
agreed with the IPEB findings.

A message authored by the applicant, dated 17 May 2004, again indicated  his
agreement with the IPEB findings and no desire for a formal  board  hearing.
In the message,  the  applicant  requested  a  discharge  date  as  soon  as
possible.  On 21 May 2004, the Secretary  of  the  Air  Force  directed  the
applicant be separated from active service  for  physical  disability  under
the  provisions  of  Title  10,  United  States  Code,  Section  1203,  with
severance pay computed under Section 1212.

On 2 June 2004, the applicant requested a separation date  of  11 June  2004
in order for him to start his own business and get on with his life.   On  3
June 2004, his request was approved to adjust his date of separation  to  11
June 2004.

On 11 June 2004, the applicant was honorably discharged  with  a  separation
code of JFL (disability, severance pay) and a reentry code of  2Q  (approved
medical separation).  He had served  19 years,  4  months  and  20  days  on
active duty.

DVA documentation,  dated  19  August  2005,  indicates  the  applicant  was
awarded a combined disability compensation of seventy percent.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in  the  record
is warranted.  The BCMR  Medical  Consultant  states  the  applicant  has  a
significant history of alcohol abuse and alcohol-related medical  disorders,
but did not quit  despite  being  warned  of  the  medical  consequences  of
continued drinking.  His primary  conditions,  depression  and  pancreatitus
with pseudocyst formation, were  clearly  affected  adversely  by  continued
alcohol  use.   It  is  the  BCMR  Medical  Consultant’s  opinion  that  the
applicant’s condition could have been more manageable and  non-disabling  if
there were no further aggravation of his condition.  He was warned to  cease
all alcohol consumption after his first  hospitalization  for  pancreatitus.
However, the applicant continued to abuse  alcohol  despite  admonitions  to
stop and was involved in a non-line of duty  motor  vehicle  accident  which
adversely  affected  his  medical  conditions   significantly   and   caused
additional medical conditions that he was not able  to  overcome.   Although
the base disability rating should have been rater  higher  (fifty  percent),
the net disability rating of ten percent, after appropriate deductions  were
taken  for  contributing/aggravating  factors  (e.g.  alcoholism),  was  the
appropriate rating.   This  rating  is  based  on  the  estimated  level  of
disability without the aggravating factors of the  alcohol-related  injuries
affecting both his medical and mental health conditions.

The BCMR Medical Consultant states the applicant’s commander indicated  that
if there had  been  no  MEB  activities,  he  would  not  have  allowed  the
applicant to reenlist before reaching  20  years  of  service.   Hence,  the
applicant would not have been able to retire  had  an  MEB  allowed  him  to
continue with his military service.

The BCMR Medical Consultant states that the  preponderance  of  evidence  of
the  record  shows  the  applicant’s  conditions  were  adjudicated  fairly.
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, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  3
July 2007 for review and response within 30 days (Exhibit D).  As of  this
date, this office has received no 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 probable error or injustice.  After a thorough  review  of  the
available records, we found no evidence that the  individual’s  records  are
in error.  We note the applicant’s request that he should have  been  placed
on the Temporary Disability Retirement  List  (TDRL)  until  he  reached  20
years of active duty service;  however,  placement  on  the  TDRL  does  not
accrue time towards an active duty retirement.  Additionally,  we  note  the
applicant agreed with the  IPEB’s  findings,  adamantly  declined  a  Formal
Physical Evaluation Board (FPEB),  and  insisted  he  be  separated  at  the
earliest possible date to start his own business.  The  evidence  of  record
indicates the Air Force complied with the applicant’s wishes.  To grant  the
applicant’s request for retirement would be contrary to  the  governing  Air
Force regulations and the law.  Therefore, we agree with the  assessment  by
the Air Force office of primary responsibility and adopt its conclusions  as
our findings in this case.  Accordingly,  the  applicant’s  request  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 this application in  Executive
Session on 25 September 2007, under the provisions of AFI 36-2603:

                 Mr. James W. Russell, III, Panel Chair
                 Mr. Don H. Kendrick, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2006-03382:

    Exhibit A.  DD Form 149, dated 4 Sep 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 3 Jul 07.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Jul 07.




                                  JAMES W. RUSSELL, III
                                                   Panel Chair