RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01143
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was medically discharged.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured while a member of the Pennsylvania Air National
Guard (PAANG). He was put on a medical profile and not allowed to
participate in monthly Unit Training Assemblies (UTAs), or drill
periods. However, he was then threatened with a charge of being
Absent without Leave (AWOL) and told he would be prosecuted unless
he quit.
In support of his appeal, the applicant provides pertinent
excerpts from both his military and civilian medical records as
well as a letter of resignation from the (PAANG).
Applicants complete submission is attached.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant began his military service on 11 Dec 1996. He was
put on a medical profile that was updated on 12 Jun 05 to show him
in a 4T status until 25 Aug 05. As such, he was not allowed to
participate for pay and points until he had either been cleared by
the Air Surgeon to do so or entered into the Disability Evaluation
System (DES). On 29 Nov 05, unit medical personnel notified him
that he had to report for a medical evaluation during the December
05 UTA or his profile would be updated to a 4T making him again,
unable to participate for pay and points. On 14 Oct 06, he
submitted a letter of resignation effectively separating from the
PAANG. The evidence of record indicates he had not participated
since Dec 2005. He has 8 years of combined Regular and Reserve
service.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
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 find the applicant has not provided adequate
evidence to support his request. The evidence he has provided is
incomplete at best and does not serve to convince us that he has
been the victim of an error or injustice. Nor has he provided
evidence that would indicate he met his obligation to report to
his unit medical personnel for regular physical exams. While it
appears he could have been discharged for non-participation after
missing nine or more UTA periods, he was given the opportunity to
receive an honorable discharge if he requested resignation in lieu
of administrative discharge action. He did so and was honorably
discharged as a result. There simply is no evidence available
that indicates he qualified for or was being considered for a
medical discharge. Therefore, in the absence of evidence to the
contrary, we find no 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-2009-01143 in Executive Session on 7 July 2010, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit: DD Form 149, dated 13 Mar 09, w/atchs.
Panel Chair
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