RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00768
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be medically retired versus being discharged.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His medical condition has deteriorated. He believes since his
Department of Veterans Affairs (DVA) disability rating has been
increased to 30% he is entitled to a medical retirement from the
Air Force.
In support of his request, applicant provides a copy of a SAF/MRBR
letter and a copy of his VA rating decision.
His complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 3 Dec 97. He
was progressively promoted to the grade of staff sergeant (E-5),
having assumed that grade effective and with a date of rank of
1 Sep 03. On 2 Dec 03, he was honorably discharge after serving
6 years on active duty.
___________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical
Consultant states the applicants medical records are not available
for review. The applicant has not provided the necessary
documentation to support his contentions; and although even if he
had provided medical documents, the Medical Consultant advises
there are several other factors to be considered when making a
determination or recommendation. The Military Disability
Evaluation system compensates medical conditions that terminate a
members service and the DVA offers compensation for any service
connected medical condition. Basically, the DVA picks up where the
service leaves off; the two systems are not meant to duplicate each
other. In this case, the applicant has not met the burden of proof
of an error or injustice.
The BCMR Medical Consultant 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 8 Jan 10 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 error or injustice. After a thorough
review of the evidence of record and applicant's submission, we
are not persuaded that his assertions are sufficiently persuasive
to override the rationale provided by the BCMR Medical Consultant.
Therefore, we agree with the opinion and recommendation of the
BCMR Medical Consultant and adopt his rationale expressed as the
basis for our decision that the applicant has failed to sustain
his burden of having suffered either an error or injustice.
Therefore, in the absence of persuasive 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-2009-00768 in Executive Session on 24 Feb 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Dec 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 31 Dec 09.
Exhibit D. Letter, SAF/MRBR, dated 8 Jan 10.
Panel Chair
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