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AF | BCMR | CY2008 | BC-2007-02263
Original file (BC-2007-02263.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02263

            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to show she was medically discharged.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

She was not fully briefed on her options when she was discharged.

In support of her appeal, the applicant submits a personal statement  and  a
Medical Statement, dated 13 Aug 84,  stating  she  had  Sjorgren’s  syndrome
while she served on  active  duty,  but  was  not  diagnosed  prior  to  her
discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  7  Jan  77,  and  was
progressively promoted to the grade of sergeant.  On 21 Nov 79, she was  not
recommended for reenlistment  and  her  commander  noted  in  her  Selective
Reenlistment/Noncommissioned Officer (NCO) Status  Consideration,  that  she
had difficulty in stressful situations, lacked leadership  capabilities  and
was unable to accept the increased responsibilities  of  an  NCO.   She  was
honorably discharged on 6 May 81, after serving four years and  four  months
active duty service.

On 23 Jan 85, the  Department  of  Veterans  Affairs  (DVA)  awarded  her  a
combined compensable disability rating of 10 percent  for  a  meniscus  tear
right knee and 10 percent for Sjogren’s syndrome.  On  1  Apr  96,  the  DVA
awarded her a 30 percent disability rating for her condition and on  24  Apr
03, increased that rating to 60 percent.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR Medical Consultant is of the opinion that no change in  the  record
is warranted.  He states in part, that the  applicant’s  condition  did  not
appear to be disabling at the time of her discharge.  There is  no  evidence
in her medical records that shows she was unable to perform her  duties  due
to dry eyes, dry skin, sinusitis or fatigue.  The reason for  her  discharge
was due to being denied reenlistment for duty performance unrelated  to  her
incipient medical condition.

While the applicant claims that she was not fully  briefed  on  her  options
regarding disability retirement, she did not have the option  to  request  a
medical retirement for her condition, even if it was fully diagnosed at  the
time of her separation.  Even if a Medical Evaluation Board was  undertaken,
it would be highly unlikely that  her  disability  rating  would  have  been
higher than the 10 percent rating awarded four years later by the DVA.   The
best she would have received would have been  a  separation  with  severance
pay.  Regardless, the description of her condition at the time of  discharge
would not have necessitated a medical discharge.

The preponderance of evidence of  the  record  shows  that  the  applicant’s
Sjogren’s syndrome was appropriately  handled  and  her  length  of  service
discharge was appropriate.  Action and disposition in this case  are  proper
and  equitable  reflecting  compliance  with  Air  Force   directives   that
implement the law.

The BCMR Medical Consultant evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

A complete copy of the BCMR Medical Consultant’s  evaluation  was  forwarded
to the applicant on 17 October 2007, for  review  and  comments,  within  30
days.  However, 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 excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of error or injustice.  After a thorough review  of  the  evidence
of record  and  applicant’s  submission,  we  are  not  persuaded  that  the
applicant’s narrative reason for separation  should  be  changed.   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.

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  Docket  Number  BC-2007-02263
in Executive Session on 13 December 2007, under the provisions  of  AFI  36-
2603:

                       Mr. Laurence M. Groner, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Feb 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 12 Oct 07,
                        w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Oct 07.




                                   LAURENCE M. GRONER
                                   Panel Chair


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