RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00819
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation be changed from Hardship to
a medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His back has given him problems ever since he separated from the
military. He has received 30 treatments for pain. At the time of
his separation from the military, he did not apply for a
disability discharge because he did not need it; however, he
needs it now due to medical problems he is experiencing.
In support of his application, applicant submits a personal
statement, a copy of DD Form 256AF, Honorable Discharge
Certificate, a copy of his certificate of service from the Army,
a copy of WD AGO 53-280, Enlisted Record and Report of Separation
Certificate of Service, and a letter for the National Personnel
Records Center.
Applicant's complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
Based on the available documentation on file, the applicant
enlisted in the Air Force on 5 October 1948.
On 3 May 1949, he was diagnosed with a lumbo-sacral strain and
referred to the orthopaedics clinic. A Report of Medical
Examination, dated 8 May 1950 failed to show the presence of a
chronic or duty-limiting back ailment.
On 11 May 1950, he was honorably discharged for hardship reasons
and transferred to the Air Force Reserve until 3 July 1951. He
served 1 year, 7 months and 6 days of total active service.
The Department of Veterans Affairs (DVA) denied the applicant's
claim for service connected disability benefits for chronic back
pain, citing his military service condition was likely temporary
and resolved after treatment.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant's
request and states that there is no record of chronic treatment
of a back ailment, nor a resultant chronic functional impairment
requiring imposition of duty restrictions that prohibited the
applicant's worldwide qualification. He has not met the burden of
proof of a medical condition that warranted compensation by the
Military Disability Evaluation System. While his back strain
clearly occurred during military service, the BCMR Medical
Consultant could not establish a connection with his current
chronic degenerative disc disease or arthritis; a condition that
likely represents the natural progression of the aging process
and not the result of a service-incurred disease of injury.
BCMR Medical Consultant's complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 29 June 2009 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 an error or injustice warranting a
change in his narrative reason for separation. Applicants
contentions are duly noted; however, we agree with the opinions
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 persuasive 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 a 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-
BC-2009-00819 in Executive Session on 22 September 2009, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2009-00819 was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 29 Jun 09.
Exhibit D. Letter, SAF/MRBR, dated 2 Jul 09.
Panel Chair
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