RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03925
INDEX CODE: 108.00
COUNSEL: VETERANS SERVICE
OFFICE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 JUN 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he received a medical retirement
or a medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should have received a medical discharge because of the injuries he
received. He was not given a discharge exam in spite of asking for
one.
In support of his appeal, applicant submitted a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty, and
documentation extracted from his Department of Veterans Affairs (DVA)
and military medical records.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 4 Oct 85, as an airman
basic for a period of four years and was honorably discharged on 3 Oct
89 at the expiration of his term of service. He served four years on
active duty.
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 Medical Consultant states the reason the applicant could
be found fit for duty by the Air Force and later be granted a service
connected disability by the DVA lies in understanding the differences
in Title 10 USC and Title 38 USC. 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
prevents performance of any work commensurate with rank and
experience. Once the determination is made to find the servicemember
unfit a disability rating percentage is assigned based upon the
member’s condition at the time of permanent disposition. Title 38 USC
was established because a person’s physical condition that was not
unfitting at the time of separation, may later progress in severity
and alter the servicemember’s lifestyle and employability. Title 38
USC governs the DVA compensation system in awarding disability
percentage ratings for conditions that are not unfitting for military
service.
The Medical Consultant further states the applicant’s ankle condition
was not unfitting at the time of discharge. The applicant’s records
did not reflect he was unable to perform his duties after recovery and
rehabilitation from his surgery. He was not restricted by profile and
his performance reports were satisfactory. His records further
indicate the applicant could have continued his military career if he
chose to reenlist.
The AFBCMR Medical Consultant evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
On 17 Aug 07, 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. 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 AFBCMR Docket Number BC-
2006-03925 in Executive Session on 30 Oct 07, under the provisions of
AFI 36-2603:
Mr. Jay H. Jordan, Panel Chair
Mr. Garry G. Sauner, Member
Mr. Joseph D. Yount, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2006-03925 was considered:
Exhibit A. DD Form 149, dated 19 Dec 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, Medical Consultant, dated
14 Aug 07, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 17 Aug 07.
JAY H. JORDAN
Panel Chair
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