RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04385 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His voluntary Reserve retirement be changed to a medical 
retirement. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was not given an opportunity to go to a Physical Evaluation 
Board (PEB). He was told to either retire or remove two stripes 
to remain on active duty. 

 

In support of his appeal, applicant provides copies of his 
National Guard Bureau (NGB) Form 22, Report of Separation and 
Record of Service, DD Form 214, Certificate of Release or 
Discharge from Active Duty, and documents extracted from his 
medical records related to this matter. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s records reflects he served on active duty from 
27 Feb 04 through 15 May 04. He was retired from the West 
Virginia Air National Guard on 6 Dec 04, after serving 29 years, 
1 month and 1 day of total service for pay. Reserve Order EK-005 
reflects the applicant was transferred was placed on the Retired 
Reserve List on 8 Dec 04. 

 

The applicant's medical records reflect that while on active duty 
he was treated for a variety of medical conditions to include 
right ankle pain, fractured scapula, fractured ribs, gout, 
hypertension and a rotator cuff tear. His records further 
reflect he was placed on several profiles, at times restricting 
worldwide qualification and other times not prohibiting worldwide 
qualification. 

 

The applicant is receiving service connection disability 
compensation from the Department of Veterans Affairs (DVA) for 


the following: 20% for gout, 10% for hypertension, 10% for 
rotator cuff tear, 10% for gastroesophageal reflux disease, and a 
non compensable rating for right knee injury. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is attached at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The AFBCMR Medical Consultant recommends denial noting the 
applicant has not met the burden of proof of an error or 
injustice that warrants changing his voluntary retirement to a 
medical retirement. The initiation of a Medical Evaluation Board 
(MEB) is not an elective choice of the service member, but the 
decision of the service member’s health care provider or 
commander based upon presence of a disqualifying medical 
condition, a significant health or mission risk, inordinate use 
of resources to maintain function, or one which chronically has 
interfered with duty, among other factors. Following the 
convening of a MEB, the medical documentation is reviewed by a 
PEB to determine the individual's retainability or fitness to 
serve; then, if found unfit, assignment of the appropriate 
disability rating for the unfitting medical condition. The 
Medical Consultant notes if the applicant received an MEB within 
the 12 months of an approved retirement or retention control 
point, he would have been presumed FIT (under the presumption of fitness rule) and returned to duty to proceed with his approved 
retirement request. Although, the applicant’s record indicates 
he was periodically placed in the do not include flying (DNIF) 
status and was treated for a variety of ailments the medical 
evidence does not demonstrate a sufficient impediment to 
functioning that warrants a retroactive processing through the 
military Disability Evaluation System (DES) or a medical 
retirement. The DES was established to maintain a fit and vital 
fighting force. Under Title 10, United States Code (U.S.C.), the 
DES can only offer compensation for those service incurred 
diseases or injuries which specifically rendered a service member 
unfit for continued active service and was the cause for career 
termination. The Department of Veterans Affairs (DVA) operates 
under a different set of laws and is authorized to offer 
compensation for any medical condition with a nexus to military 
service, without regard to its demonstrated or proven impact upon 
a service member's retainability, fitness to serve, narrative 
reason for release from military service. The DVA compensation 
system, was written to allow awarding compensation ratings for 
conditions that were not considered unfitting for military 
service at the time of release from military service. This is 
the reason why an individual can be found fit for release from 
military service and yet sometime thereafter receive compensation 
ratings from the DVA for service-connected, but militarily non-


unfitting conditions. The DVA is also empowered to conduct 
periodic re-evaluations for the purpose of adjusting the 
disability rating awards as the level of impairment from a given 
service connected medical condition may vary over the lifetime of 
the veteran. Although the applicant was treated for several 
ailments, he has not provided sufficient evidence showing these 
ailments warranted consideration under the (DES); or that his 
medical conditions disqualified him for continued service. 

 

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

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He was not forced out based on his medical condition, it was due 
to him not being able to obtain a waiver for the medications he 
was taking. He was told his only alternative to remain on active 
duty was to accept a position in a lower rank. 

 

The applicant’s complete response, with attachments, 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 an error or injustice regarding the 
applicant's request to change his Reserve retirement to a medical 
retirement. We took notice of the applicant’s complete 
submission in judging the merits of the case, to include his 
rebuttal; however, we agree with the opinion and recommendation 
of the AFBCMR Medical Consultant and adopt his rationale as the 
basis for our conclusion the applicant has not been the victim of 
an error or injustice. Although the applicant was treated for a 
variety of ailments and was at times restricted from flying, we 
found no evidence he had a medical condition that warranted 
processing through the Disability Evaluation System. The 
Disability Evaluation System can only offer compensation for 
those service incurred medical conditions which specifically 
rendered a member unfit for continued military service and were 
the cause for career termination. The mere presence of a medical 
condition during military service does not automatically 
constitute a basis for a disability separation or retirement. As 
for his contention regarding being told he could only remain on 
active duty if he accepted a position as staff sergeant, other 


than his own assertions, he has provided no evidence in support 
of this contention. 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 issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2011-04385 in Executive Session on 10 Oct 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 2 Nov 11, w/atchs. 

 Exhibit B. Applicant’s Military Master Personnel Records. 

 Exhibit C. Letter, AFBCMR Medical Consultant, dated 

 15 Aug 12. 

 Exhibit D. Letter, SAF/MRBR, dated 5 Sep 12. 

 Exhibit E. Letter, Applicant, dated 23 Sep 12, w/atchs. 

 

 

 

 

 

 Panel Chair