RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01505
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His voluntary separation be changed to a medical retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unaware that military members with less than 20 years of
active duty are eligible for a medical retirement if they are
30 percent or more disabled. He knew he could get disability
from the Department of Veteran Affairs (DVA); however, he was
never told of the military medical retirement possibility. He
would have sought a military medical retirement had he known it
was a possibility.
In support of his appeal, the applicant provides a copy of his DD
Form 214, Certificate of Release or Discharge from Active Duty,
and his DVA Rating Decision.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the BCMR Medical Consultant.
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The BCMR Medical
Consultant states that no evidence is presented to show the
applicant was unable to reasonably perform his military duties,
by reason of an illness or injury; or that he had a medical
condition that posed a safety or mission risk. The mere presence
or existence of a medical condition does not automatically
justify a medical basis for separation. The applicant has not
met his burden of proof of an error or injustice that warrants
the desired change of his record.
The complete BCMR Medical Consultants evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
A copy of the BCMR Medical Consultants evaluation was forwarded
to the applicant on 15 October 2010 for review and comment within
30 days (Exhibit D). 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an 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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-2010-01505 in Executive Session on 6 January 2011,
under the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-01505:
Exhibit A. DD Form 149, dtd 15 Apr 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dtd 11 Oct 10.
Exhibit D. Letter, SAF/MRBR, dtd 15 Oct 10.
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