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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