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AF | BCMR | CY2010 | BC-2010-00826
Original file (BC-2010-00826.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00826 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His honorable discharge be changed to a medical retirement. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

On 4 Dec 91, he reported his back injury; however, no x-rays or 
magnetic resonance imaging (MRI) was accomplished. 

 

He applied for an early separation physical on three occasions; 
however, his requests were denied. Had he been given a 
physical, it would have been discovered he was seriously injured 
prior to his separation. 

 

He was not aware that a medical retirement was an option. 

 

He joined the Air National Guard (ANG) and was released due to 
the Department of Veterans Affairs (DVA) ruling of a 30 percent 
disability, which made him unqualified for worldwide duty 
because of his back injury. 

 

 

In support of the request, the applicant provides 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 13 Aug 79, the applicant entered the Regular Air Force. He 
was voluntarily and honorably separated on 30 Apr 92 for 
miscellaneous reasons. 

 

Records of the applicant’s service in the Alaska Air National 
Guard are unavailable. 

 

Available records reflect the applicant was selected for a full-
time position upon his separation from military service. On 
23 Jan 92, the applicant submitted and received his commander’s 
approval of an AF Form 31, Airman’s Request for Early 


Separation/Separation Based on Change in Service Obligation, in 
order to accept the full-time employment offer. 

 

Other relevant facts pertaining to this application are 
contained in the BCMR Medical Consultant’s evaluation, which is 
at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends denial. He states the 
applicant has not met his burden of proof of an error or 
injustice and no evidence was supplied to show that an illness 
or injury interfered with the applicant’s ability to perform 
military service. Further, documentation shows the applicant 
requested and was granted early release from military service in 
order to pursue a civilian job opportunity. 

 

The BCMR Medical Consultant states that the mere presence of a 
medical condition does not automatically qualify a member for a 
disability separation or retirement. The applicant has shown no 
evidence of a physical impairment during service or at the time 
of separation that warranted establishment of a medical hold for 
further evaluation and processing through the Disability 
Evaluation System. Further, the DVA is authorized to offer care 
and compensation for any medical condition determined service 
incurred, without regard to its impact upon a member’s 
retainability, fitness to serve, or the reason for separation. 

 

The complete BCMR Medical Consultant’s evaluation is at 
Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He requested a separation physical for his feet, ankles, and 
knees in early February 1992 and it was a mutual understanding 
between him and the Military Personnel Flight (MPF) personnel 
that he could request a full physical. 

 

He recalls discussing his separation physical requests with the 
hospital staff prior to his separation. 

 

He was allowed to join the Fairbanks ANG and a year later, he 
transferred to the Anchorage ANG. His separation from the 
Alaska ANG was conducted informally and voluntarily because he 
was receiving a pension from the DVA as a result of prior 
service. In 1993, he elected to receive pay and allowances for 
the performance of active/inactive duty in lieu of his DVA 
benefits, causing him a great financial burden. 

 


He advised Alaska ANG personnel of his back injury and of his 
DVA rating. However, he was designated as not eligible for 
worldwide duty. He believes that if the Air Force had given him 
a full physical, he would have been found medically disabled on 
the same grounds and merits as the then Kulius Alaska ANG found 
him. 

 

The applicant’s complete submission is 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 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 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 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 Docket Number 
BC-2010-00826 in Executive Session on 25 January 2011, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

_________________________________________________________________ 

 


The following documentary evidence was considered for Docket 
Number BC-2010-00826: 

 

 Exhibit A. DD Form 149, dated 26 Feb 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, BCMR Medical Consultant, dated 

 30 Nov 10. 

 Exhibit D. Letter, SAF/MRBR, dated 3 Dec 10. 

 Exhibit E. Letter, Applicant, dated 21 Dec 10. 

 

 

 

 

 Panel Chair 

 



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