Search Decisions

Decision Text

AF | BCMR | CY2010 | BC-2009-00768
Original file (BC-2009-00768.txt) Auto-classification: Denied
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 applicant’s 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 
member’s 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 



Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-00768

    Original file (BC-2004-00768.DOC) Auto-classification: Denied

    In the absence of a specific traumatic event resulting in significant, documented spine injury, it is impossible to attribute direct causation of degenerative spine disease to aerial flight. _________________________________________________________________ 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...

  • AF | BCMR | CY2004 | BC-2003-02436

    Original file (BC-2003-02436.doc) Auto-classification: Denied

    The DVA has not determined his headaches to be presumptive of Gulf War service. The fact that a member incurred a disability during a period of war or an area of armed conflict or while participating in combat operations is not sufficient to support a combat-related determination. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical condition the applicant believes is combat-related was not incurred as the direct result of armed...

  • AF | BCMR | CY2004 | BC-2003-01473

    Original file (BC-2003-01473.doc) Auto-classification: Denied

    The DVA denied the applicant service connected disability compensation for schizophrenia noting no evidence in his military record while he was on active duty or during the presumptive period (12 months) following discharge. The medical consultant’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he was 17 when he joined the Air Force and that he had been an athlete most...

  • AF | BCMR | CY2010 | BC-2008-02939

    Original file (BC-2008-02939.doc) Auto-classification: Denied

    The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the BCMR Medical Consultant at Exhibit H. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/A1K defers to the appropriate office in regards to the applicant’s request for a medical retirement. His left knee injury was recorded as occurring “while in college.” He received periodic non-flying medical...

  • AF | BCMR | CY2003 | BC-2003-03661

    Original file (BC-2003-03661.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03291 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be set aside and she be given a disability retirement. ___________________________________________________________________ APPLICANT CONTENDS THAT: The discharge she received was...

  • AF | BCMR | CY2004 | BC-2003-03283

    Original file (BC-2003-03283.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03283 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, asthma, chronic obstructive lung disease, and lumbar spinal injury, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC)...

  • AF | BCMR | CY2003 | BC-2003-00058

    Original file (BC-2003-00058.doc) Auto-classification: Denied

    ___________________________________________________________________ APPLICANT CONTENDS THAT: When he was discharged from the service he was given a 10% disability rating due to malaria and drew $11.20 a month for two years. The applicant had no medical condition at the time of his separation from the military that warranted evaluation in the Air Force disability system. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified...

  • AF | BCMR | CY2005 | BC-2005-01141

    Original file (BC-2005-01141.doc) Auto-classification: Denied

    The IPEB diagnosed the applicant with asthma with a disability rating of 10 percent. On 8 Nov 02, the FPEB determined that testimony and medical evidence confirmed the findings of the IPEB and maintained the same recommendation that the applicant be discharged with severance pay with a compensable disability rating of 10 percent. On 17 Dec 02, the Secretary of the Air Force Personnel Council (SAFPC) directed that the applicant be separated from active service for physical disability with a...

  • AF | BCMR | CY2004 | BC-2003-02283

    Original file (BC-2003-02283.doc) Auto-classification: Denied

    He was discharged to duty on 13 April 1942. After a thorough review of the evidence of record, we are not persuaded that the applicant’s discharge should be changed to a medical discharge with compensation. Exhibit C. Letter, BCMR Medical Consultant, dated 15 Dec 03.

  • AF | BCMR | CY2005 | BC-2003-03773

    Original file (BC-2003-03773.DOC) Auto-classification: Denied

    On 7 Oct 68, the Air Force Personnel Board concurred with the findings and recommendations of the PEB and directed his retirement effective 1 Nov 68. Subsequent to an AF/JAA ruling clarifying the crediting of retiring personnel with at least 19 years and 6 months of service prior to 1 Jan 82, his request was re-evaluated and he was granted CRSC compensation for his impaired hearing rated at 20%. Exhibit F. Letter, SAF/MRBC, dated 10 Nov 04.