AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00460
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reason for leaving the Air National Guard (ANG) be changed
to reflect that he left for “physiological reasons {sic}.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was granted service-connection for major depression by the
Department of Veterans Affairs (DVA) and assigned a disability
rating of 50 percent. Subsequently, it was increased to
70 percent.
In support of his request, the applicant provides copies of his
medical records, DVA decision memorandum and VA Form 10-5345,
Request and Authorization to Release Medical Records or Health
Information.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 May 83, the applicant enlisted in the Regular Air Force and
was discharged on 1 Oct 92 and transferred to another service
component under the Early Release Program. He served 9 years,
4 months and 26 days of total active service.
The applicant was mobilized from 10 Feb 03 to 14 Feb 08 in
support of Operation ENDURING FREEDOM. He served in support of
this Operation during the following periods: 10 Feb 03 to 7 Aug
03; 3 Oct 03 to 29 Sep 04; 1 Oct 04 to 15 Sep 06; 20 Oct 06 to
30 Sep 07 and 15 Dec 07 to 14 Apr 08.
On 18 Mar 08, ARPC/DPPR notified the applicant of his
eligibility for retired pay at age 60 under the provisions of
Title 10, United States Code (U.S.C.), section 12731.
On 24 Dec 09, the applicant was relieved from his assignment at
ARPC/NARS-A, Denver, Colorado and assigned to the Retired
Reserve Section, placing him on the Retired Reserve List
effective 27 Sep 10.
________________________________________________________________
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. It appears the
applicant believes the Department of Veterans Affairs (DVA)
decision to award him a 50 percent disability rating and
subsequently increasing it to 70 percent for major depression,
substantiates that his reason for leaving the ANG should have
been for psychological reasons due to said diagnosis. However,
after a thorough review of the evidence of record and the
applicant’s complete submission, we are not persuaded that he
should have been found unfit for continued military service and
furnished a disability separation. In this respect, we note the
military service disability evaluation system can only offer
compensation for those service incurred diseases or injuries
which specifically rendered a member unfit for continued military
service and were the cause for career termination. However,
other than his own assertions, the applicant has not provided
sufficient evidence that his medical condition, while service
connected by the DVA, rendered him unfit for continued military
service at the time of his separation. He has provided no
evidence to indicate that his major depression precluded him from
performing his military service and should have, therefore, been
the basis of a finding that he was unfit. With respect to the
applicant’s suggestive statements of maltreatment by military
and or DVA officials, the applicant is advised that a review by
the Inspector General or one initiated by the commander of his
servicing military medical treatment facility is the appropriate
venue to validate and address his allegations. Therefore, we
conclude that the applicant has failed to sustain his burden of
proof that he has been the victim of an error or injustice. In
view of the above and 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
2
Panel Chair
Member
Member
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00460 in Executive Session on 11 Dec 12, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Jan 12, w/atchs.
Exhibit B. Applicant’s Master Personnel Records
Panel Chair
3
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