RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00651
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her retirement for length of service (LOS) be changed to a
permanent disability retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her medical evaluation board (MEB) was not completed due to
Hurricane Katrina.
In support of her request, the applicant provides a DD Form 214, Certificate of Release or Discharge from Active Duty, and copies
of documents extracted from her military personnel records.
Applicant's complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
On 19 May 80, the applicant contracted her initial enlistment in
the Regular Air Force. She was progressively promoted to the
grade of senior master sergeant having assumed the grade
effective and with a date of rank of 1 Jul 01. She retired on
1 Nov 05. She served 25 years, 5 months and 12 days on active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial. The applicant
contends that her MEB was not completed due to Hurricane Katrina.
The only indication that an MEB was being considered was on the
AF Form 422, Physical Profile Serial Report dated 27 Jul 05.
There is no record of initiation or completion of an MEB
narrative summary or a referral of her case for MEB processing.
The applicants records reflect she received medical care and
treatment for a number of medical conditions during her Air Force
career. The applicants assertion that she was forced to retire
from the Air Force cannot be validated. If the applicant had an
approved date of retirement in the system or a mandatory
retirement/high year tenure date within 12 months of her proposed
MEB, then she would have been presumed fit for military service,
and would have to overcome the presumption of fitness through a
review of her case by the Physical Evaluation Board (PEB) or
subsequent appellate review Board. The applicant presented
medical conditions that may have raised a question of her ability
to perform her duties early in her career; however, a
comprehensive review of the medical documentation reveals that
none of the medical conditions precluded the performance of her
military duties and showed sufficient control to the extent that
her worldwide qualification was not adversely affected, until
completion of the 4 profile changes on 27 Jul 05. Had the
applicant received the MEB within the 12-month period of her
approved retirement date, she would be presumed fit and likely
would have been returned to duty by the PEB. The applicant would
have been medically retired ONLY if it was determined by a PEB
that she overcame the presumption of fitness.
The BCMR Medical Consultants complete evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided documentation from the Department of
Veterans Affairs (DVA) showing she has a 50 percent disability
rating for Post Traumatic Stress Disorder (PTSD) and that her
current combined disability rating is 100 percent.
Applicant's complete response is attached at Exhibit E.
_________________________________________________________________
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. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the AFBCMR Medical Consultant and adopt his
rationale as the basis for our conclusion that the applicant has
failed to sustain her burden of proof of the existence of an
error or injustice. 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-2009-00651 in Executive Session on 20 Jan 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Feb 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated
24 Aug 09, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 18 Sep 09.
Exhibit E. Letter, Applicant, dated 14 Oct 09, w/atch.
Panel Chair
AF | BCMR | CY2010 | BC-2008-04519
SGP notes to be eligible for medical retirement, the applicant must have incurred or aggravated a disqualifying condition in the line of duty. A Line of Duty (LOD) determination was provided for the diagnosis of right acoustic neuroma; however, it was not processed beyond the medical reviewer and no final determination is provided. The complete A1K evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11...
AF | BCMR | CY2011 | BC-2009-04581
The Medical Consultant states, to justify a retroactive medical retirement, there must be evidence showing the applicant’s medical conditions prevented her from reasonably performing the duties of her office, grade, rank and rating at the time of LOS retirement. While we note that AFPC/DPSD recommends changing the applicant’s length of service retirement to a permanent disability retirement, as pointed out in the AFBCMR Medical Consultant’s evaluation, there is no medical evidence that...
AF | BCMR | CY2012 | BC-2012-04477
Indeed, the DVA rating letter dated 2 Aug 12 found no basis for military service connection for lumbar spine strain related to chronic back pain. However, even if the disorder was present during the period of service and there was evidence of an upper thoracic disc protrusion (T10-T11), either condition would not necessarily be considered disqualifying or unfitting for continued military service and there was no evidence that either condition was the cause of service termination. In...
AF | BCMR | CY2007 | BC-2006-01368
On 24 November 2004, he was notified he would not be reenlisted in the ANG and that his AGR tour would end concurrent with his date of separation of 6 April 2005. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommended denial. Exhibit C. Letter, BCMR Medical Consultant, dated 2 May 07 Exhibit D. Letter, SAF/MRBR, dated 4 May 07.
AF | BCMR | CY2014 | BC 2014 01259
A complete copy of the AFPC/DPFD evaluation is at Exhibit C. BCMR Medical Consultant recommends denial, indicating there is no evidence of an error or an injustice regarding the applicants request to supplant her discharge with a medical retirement. A 2 Nov 04 MEB finding recommended the applicant be returned to duty, and that previous profile restrictions be renewed with a new expiration date of 23 Nov 06. A complete copy of the BCMR Medical Consultant evaluation is at Exhibit...
AF | BCMR | CY2013 | BC 2013 01985
In support of her appeal, the applicant provides a 21-page brief from counsel, with attachments; copies of NGB Form 22, Report of Separation and Record of Service, issued in conjunction with her 21 Feb 11 transfer to the Retired Reserve; DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with her 23 Feb 11 release from active duty; Reserve Order EK-2605, retirement order, dated 16 Feb 11, and various other documents associated with her request. It...
AF | BCMR | CY2011 | BC-2010-01557
The complete AFRC/SGP evaluation is at Exhibit C. The AFBCMR Medical Consultant recommends the record be changed to reflect the applicant was placed on active duty orders effective 1 Nov 09 and remained so until placed on the TDRL with an 80 percent disability rating effective 24 Jun 10. The complete AFBCMR Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that...
AF | BCMR | CY2010 | BC-2010-03472
It was recommended she be allowed to retire on her established retirement date of 19 Aug 09. e. On 14 Sep 09, AFRC/A1 notified the RMG that since the applicant is currently retired that she would need to file for incapacitation pay with the AFBCMR. The complete AFRC/SG evaluation is at Exhibit H. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: AFRC/JA and AFRC/SG did not and are not practicing due diligence with regard...
AF | BCMR | CY2010 | BC-2010-00636
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00636 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated to the Air Force Reserve and placed on active duty for medical hold for referral to a Medical Evaluation Board (MEB). His physicians submission of two approved line of duty (LOD) determinations was evidence that he had two...
AF | BCMR | CY2009 | BC-2008-03027
The remaining relevant facts pertaining to this application are contained in the evaluation prepared by the BCMR Medical Consultant, which is attached at Exhibit C. ___________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends the applicant’s name be placed on the Temporary Disability Retired List (TDRL), with a 50 percent disability rating, for anxiety disorder, under Veterans Administrative Schedule for Rating Disabilities...