Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2011-01506
Original file (BC-2011-01506.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-01506
		COUNSEL:  NONE
		HEARING DESIRED:  NOT INDICATED

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His administrative discharge be changed to a medical discharge 
with full benefits.  

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He was found to be physically disqualified for continued 
military service in the United States Air Force Reserve (USAFR).  
As a result he was administratively discharged; however, he 
should have been medically discharged.  

In support of his appeal, the applicant provides copies of his 
notification of an administrative discharge due to physical 
disqualifications, Notification of Initiation of Separation 
Action under Air Force Instruction 36-3209, Medical 
Disqualification memorandum, and discharge order.  

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

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is a former member of the USAFR who served in the 
grade of senior airman (E-4).  A memorandum from the Chief, 
Aerospace Medicine Division, dated 3 October 2007, indicates the 
applicant was found to be medically disqualified for continued 
military duty in accordance with Air Force Instruction 48-123, 
Volume 2, paragraphs A2.17.5, A.21.1, and A2.21.2, by reason of 
his condition of Insulin Dependent Diabetes Mellitus.  

On 14 February 2008, the applicant was notified by the Manager, 
Separations Programs, that separation action had been initiated 
to discharge him from the USAFR.  Reserve Order A-274, dated 
8 May 2008, indicates the applicant was released from the USAFR 
effective 23 May 2008 with an honorable characterization of 
service.  

________________________________________________________________
_

AIR FORCE EVALUATION:

AFRC/SG recommends denial.  SG states the applicant did not 
elect to have his non-duty related case reviewed by the Informal 
Physical Evaluation Board (IPEB) for a fitness determination and 
was; therefore, discharged effective 28 May 2008.  There is no 
line of duty determination on file with their office and there 
is no evidence provided indicating his condition was incurred or 
aggravated by military service.  Therefore, the applicant is not 
entitled to disability processing or a medical discharge or 
retirement from the USAFR.  

The complete SG evaluation is at Exhibit B.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 28 October 2011 for review and comment within 30 
days (Exhibit C).  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 error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case and do not find that it supports a determination that 
he was improperly discharged.  We note the applicant is 
requesting his record be corrected to show he received a 
disability discharge; however, he has not provided any evidence 
that his non-duty related condition of diabetes was incurred or 
aggravated in military status.  In addition, there is no 
evidence in the available military medical records to show he 
was ever considered for, or diagnosed with, a condition that 
would qualify for referral under the Military Disability 
Evaluation System.  In view of the above and absent persuasive 
evidence the applicant was denied rights to which entitled, 
appropriate regulations were not followed, or appropriate 
standards were not applied, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its 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-
2011-01506 in Executive Session on 14 December 2011, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2011-01506:

Exhibit A.  DD Form 149, dated 21 Apr 11, w/atchs.
Exhibit B.  Letter, AFRC/SG, dated 13 Sep 11.
Exhibit C.  Letter, SAF/MRBR, dated 28 Oct 11.




					
								Panel Chair
2

3

Similar Decisions

  • AF | BCMR | CY2011 | BC-2011-01178

    Original file (BC-2011-01178.txt) Auto-classification: Denied

    The applicant’s non-service connected disabilities have a combined evaluation of 70 percent; effective date of benefits was 3 Mar 97. There are provisions for length of service retirements for service members with greater than 15, but less than 20 years of satisfactory years of service, who have been found disqualified for a non-service incurred illness. However, the evidence in this case does not reflect the applicant’s diagnosed Adjustment Disorder would qualify for a length of service...

  • AF | BCMR | CY2014 | BC 2014 01937

    Original file (BC 2014 01937.txt) Auto-classification: Denied

    APPLICANT CONTENDS THAT: She was discharged from the Air Force as a result of Formal Physical Evaluation Board (FPEB) findings. STATEMENT OF FACTS: In a letter dated 7 February 2014, the FPEB determined the applicant was unfit to perform the duties of her office, grade, rank, or rating based on her diagnoses of Chronic Obstructive Pulmonary Disease (COPD) and Bronchiectasis. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the...

  • AF | BCMR | CY2011 | BC-2011-03709

    Original file (BC-2011-03709.txt) Auto-classification: Denied

    There was no disabling or disqualifying issue; therefore no requirement for a Medical Evaluation Board existed. AFI 36-3212 allows for a reserve member to be retained in the reserves and returned to duty even though he may have a medical condition that requires some restrictions. ________________________________________________________________ The following members of the Board considered BCMR Docket Number BC-2011-03709 in Executive Session on 28 June 2012 and on 11 July 2012, under the...

  • AF | BCMR | CY2013 | BC 2013 01432

    Original file (BC 2013 01432.txt) Auto-classification: Denied

    The applicant’s complete submission is at Exhibit A. No other disqualifying condition was ever presented to AFRC/SG for review/adjudication. The AFRC/SG has conducted an exhaustive review of the applicant’s case and we are in agreement with the expressed rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.

  • AF | BCMR | CY2013 | BC-2012-02176

    Original file (BC-2012-02176.pdf) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-02176 COUNSEL: HEARING DESIRED: YES IN THE MATTER OF: __________________________ _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to undergo a Medical Evaluation Board (MEB) and disability processing for a history of recurrent cerebral vascular accidents. He suffered a stroke while on active duty on or about 7 September 2010. SG states that...

  • AF | BCMR | CY2013 | BC-2013-00397

    Original file (BC-2013-00397.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00397 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: Her Line of Duty (LOD) Determination documents be placed in her medical records in order for the Medical Evaluation Board (MEB) process to continue. The remaining relevant facts pertaining to this application are contained in the letter prepared by...

  • AF | BCMR | CY2011 | BC-2011-02344

    Original file (BC-2011-02344.txt) Auto-classification: Approved

    Examiners note: According to the governing SAF/AA policy letter dated 8 December 2006, (Exhibit B) entitlement to medical continuation orders begins when the condition renders the member unable to perform military duty not when the injury occurred or when the airman was released from active duty. The applicant was not continued on active duty or placed on medical continuation orders until 16 June 2011 after completion of the LOD determination. ...

  • AF | BCMR | CY2013 | BC-2012-00979

    Original file (BC-2012-00979.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-00979 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Line of Duty (LOD) Determination, dated 16 November 2011, for allergic rhinitis and chronic sinusitis be changed from “Existed Prior to Service - Not Applicable” (EPTS/NA) to “In the Line of Duty” (ILOD) or “Existed Prior to Service – Aggravated”...

  • AF | BCMR | CY2009 | BC-2009-00162

    Original file (BC-2009-00162.txt) 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 E. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/SG recommends denial of the applicant's request and states that he was deemed medically disqualified for world-wide active military service due to chronic pain in his shoulder. Air Force Regulation (AFR) 35-41,...

  • AF | BCMR | CY2012 | BC-2012-02176

    Original file (BC-2012-02176.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02176 COUNSEL: __________________ __________________________ HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be allowed to undergo a Medical Evaluation Board (MEB) anddisability processing for a history of recurrent cerebral vascular accidents. While serving on an active duty tour from 4 April 2010 through30 September 2010, the applicant was admitted to a local hospitalwith a...