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 applicants 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 commanders
approval of an AF Form 31, Airmans 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 Consultants 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 applicants 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 members
retainability, fitness to serve, or the reason for separation.
The complete BCMR Medical Consultants 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 applicants 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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