RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00472 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His honorable discharge be changed to a medical retirement. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was immediately rated as 30% disabled by the Department of 
Veterans Affairs (DVA) after his separation. 

 

In support of his appeal, the applicant provides copies of a DVA 
Rating Decision Continuation Sheet. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 17 June 1981, the applicant enlisted in the Regular Air Force 
in the grade of airman basic (E-1). He was promoted to the grade 
of airman first class (E-3) effective 17 June 1982. He served as 
a C-141 Aircraft Loadmaster. 

 

The applicant suffered a low back injury when he fell on a log 
during survival training in January 1983, resulting in loss of 
flying status for approximately six months. He was examined and 
treated, and was able to return to full flying duties on 2 June 
1983. A physical exam completed on 12 September 1983, noted the 
applicant was World Wide Service Qualified and did not require a 
waiver for his previous back injury. 

 

On 17 September 1984, the applicant was notified by his commander 
that he was not being recommended for promotion to senior airman 
(E-4) because his last Airman Performance Report indicated he had 
a negative attitude and a lack of motivation that was detrimental 
to job performance; and, since the report was rendered, his 
negative attitude and lack of motivation had intensified to the 
extent that he was uncooperative in performing even the lightest 
duties. The applicant acknowledged receipt of the notification 
on 18 September 1984. 

 

The applicant was examined and diagnosed with severe reflux 
esophagitis and duodenitis which ultimately resulted in a 
suspension from flying duties on 1 October 1984. On 4 October 


1984, he submitted a Request for Miscellaneous Reason Separation, 
under the provisions of Air Force Regulation 39-10, paragraph 3-
15, to be effective 25 November 1984. On 2 November 1984, his 
commander non-selected him for reenlistment based on his work 
being below standards and being denied promotion to senior 
airman. The applicant acknowledged receipt and indicated he did 
not intend to appeal the decision. 

 

The applicant was honorably discharged effective 25 November 1984 
under the provisions of AFR 39-10. His DD Form 214, Certificate 
of Release or Discharge from Active Duty, indicates his 
separation code as “KND” (Voluntary- Miscellaneous Reasons) and 
his reenlistment code as “2X” (1st term, 2nd term, or career 
airman considered but not selected for reenlistment). He served 
three years, five months, and nine days on active duty. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends denial of the applicant’s 
request to change his honorable discharge to a medical 
retirement. The BCMR Medical Consultant states the applicant has 
not provided evidence to indicate he had a medical condition 
which would have disqualified him from active service at the time 
he elected an administrative separation. 

 

The BCMR Medical Consultant indicates the reason the applicant 
could be considered fit for duty despite the presence of a 
medical problem and later be granted a service-connected 
disability by the DVA, lies in understanding the differences 
between Title 10, United States Code (USC), and Title 38, USC, 
Chapter 61. The Service Secretaries are charged with maintaining 
a fit and vital force. The mere presence of a medical condition 
does not disqualify a member from service duty or qualify a 
member for a disability evaluation. For a member to be 
considered unfit for military service there must be a medical 
condition so severe that it prevents performance of any work 
commensurate with rank and experience. Once an individual is 
determined fit, they are returned to duty and may even have 
physical duty limitations. In this instance, the applicant’s 
condition at the time of discharge did not appear to have 
rendered him unfit for continued military service and he 
proceeded with a planned, requested administrative separation 
from the Air Force. 

 

The complete BCMR Medical Consultant’s evaluation 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 6 November 2009 for review and comment within 
30 days (Exhibit D). 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 and do not find that it supports a determination that he 
was improperly discharged. We note the applicant’s contention 
that he should have received a medical discharge; however, as 
indicated by the BCMR Medical Consultant, there is no evidence in 
the available military medical records to show he was ever 
considered for, or diagnosed with, a condition while on active 
duty that would qualify for referral under the Military 
Disability Evaluation System. In view of the above and absent 
persuasive evidence the applicant was denied rights to which 
entitled, appropriate regulations were not followed, or 
appropriate standards were not applied, we agree with the opinion 
and recommendation of the BCMR Medical Consultant and adopt his 
rationale as the basis for our conclusion 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 this application in 
Executive Session on 21 January 2010, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2009-00472: 

 

 Exhibit A. DD Form 149, dated 5 Feb 09, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, BCMR Medical Consultant, dated 23 Oct 09. 

 Exhibit D. Letter, SAF/MRBR, dated 6 Nov 09. 

 

 

 

 

 

 Panel Chair