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AF | BCMR | CY2007 | BC-2007-00712
Original file (BC-2007-00712.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00712
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: Sep 08, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for his discharge be changed  from  discharge  (release
from active duty) to medical discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The Veterans Administration (VA) found  conditions  of  disability  directly
related to his active duty service and rated him 20 percent disabled.

In support of his request, the applicant provided a copy of  his  VA  rating
decision and a copy of his DD Form 214, Certificate of Release or  Discharge
from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the active duty Air Force on 3 Jun 69 and  served  for
a period of 3 years, 5 months, and 5 days.

The applicant’s master personnel records and  medical  records  indicate  he
worked as a security policeman and working dogs handler which included  work
details on the flight line and machine shops.  His medical records  indicate
that upon entry to active duty on 9 Jun 69, he was  administered  a  hearing
test which resulted in normal hearing.  He was tested again  on  17  Mar  72
and results showed a general decrease in hearing  throughout  the  frequency
range.  Records also indicate he was seen for  abdominal  pain  on  multiple
occasions  and  upon  his  separation   physical,   he   reported   frequent
indigestion.

The applicant was discharged with an honorable discharge on 7 Nov 72.

On 22 Jul 04, the DVA awarded the applicant a 10 percent  disability  rating
for recurrent tinnitus associated with  bilateral  hearing  loss  and  a  10
percent disability rating for chronic constipation.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of  the  applicant’s  request.
Upon review of the service medical records, it  does  not  appear  that  the
applicant’s abdominal condition or hearing loss was unfitting  at  the  time
of discharge.  Hence, no disability evaluation was undertaken.

There  mere  fact  that  Department  of  Veteran’s  Affairs  has  awarded  a
disability rating for these two conditions does not  constitute  proof  that
the applicant was disabled at the time of discharge.

The mere presence of a medical condition  does  not  qualify  a  member  for
disability evaluation.   For  an  individual  to  be  considered  unfit  for
continued military service there must be a medical condition  that  prevents
performance of any work commensurate with rank and experience  or  precludes
assignment to military duties.  Conditions that  are  not  service  incurred
and are  not  permanently  aggravated  beyond  the  natural  course  of  the
conditions are not compensable or ratable under  the  Air  Force  Disability
Evaluation System.  By  law,  payment  of  VA  disability  compensation  and
military disability pay for the same  medical  condition  or  disability  is
prohibited.

The  preponderance  of  evidence  of  record  shows  that  the   applicant’s
abdominal and hearing condition did not require a disability evaluation  and
a medical discharge would be  unnecessary  and  inappropriate.   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 complete evaluation, with  attachment,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the BCMR Medical Consultant’s  evaluation  was  forwarded  to  the
applicant on 14 Sep 07 for review and comment within 30 days.   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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

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  Number  BC-2007-00712,
in Executive Session on 24 October 2007, under the  provisions  of  AFI  36-
2603:

      Mr. Michael V. Barbino, Panel Chair
      Mr. James A. Wolffe, Member
      Ms. Lea Gallogly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Mar 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant, dated
                3 Sep 07.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 07.




                                   MICHAEL V. BARBINO
                                   Panel Chair

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