RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04601 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be granted a disability retirement or be granted a three year 
extension in the Individual Ready Reserve (IRR) to become 
retirement eligible. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His service connected disability is associated with his exposure 
to asbestos for 12 years while performing duties as a Hull 
Maintenance Technician in the United States Navy. He had 
17 years and 6 months towards retirement when he was honorably 
discharged due to a medical condition (running) and later 
transferred to the IRR. He needed 18 years to apply for a 
disability retirement. However, he was erroneously advised that 
he could not earn points towards retirement as a participant of 
the IRR by completing course work. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Air National Guard (ANG) on 
1 September 2006 as a prior-service member. 

 

On 9 September 2007, the applicant was not medically cleared for 
the step assessment, crunch assessment, push-up assessment, 
flexibility assessment or exercise. His medical waiver was 
effective for six months. 

 

On 3 August 2008, the applicant was not medically cleared for 
the 1.5 mile time run, crunch assessment, push-up assessment, or 
exercise. He was medially cleared for the step assessment and 
flexibility assessment. His medical waiver was effective for 
six months. 

 


On 3 May 2009, the applicant participated in a fitness 
assessment and attained a composite score of 33.75, which 
constituted a poor fitness level. He received a Letter of 
Counseling for failure to complete the fitness test for the 
second time. 

 

On 9 May 2009, the applicant was discharged from the California 
ANG and transferred to the Non-Participating Ready Personnel 
Section (NNRPS). The authority and reason for his separation 
was AFI 36-3209, Separation and Retirement Procedures for ANG 
and Air Force Reserve Airmen, Paragraph 3.12.8, Resignation for 
Own Convenience. He was credited with 17 years, 2 months, and 
9 days of total reserve service. 

 

On 31 August 2012, the applicant was relieved from his NNRPS 
assignment and furnished an honorable discharge from the Air 
Force Reserve. 

 

The remaining relevant facts pertaining to this application are 
described in the letters prepared by the Air Force office of 
primary responsibility and the AFBCMR Medical Consultant which 
are attached at Exhibits C and D. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/FSSE recommends denial, indicating there is no evidence of 
an error or injustice. Contrary to the applicant’s assertions, 
his reassignment as a non-participating IRR prohibited his 
eligibility to earn satisfactory federal service years and 
quality him for retirement. In accordance with Air Force 
Instruction 36-2254, volume 1, Reserve Personnel Participation, 
table 2.2, awarding points for education is not allowed for 
members assigned to NNRPS. The applicant’s belief of an 
injustice regarding not being told he could earn points for good 
years in the IRR by doing course work has not been validated. 

 

A complete copy of the ARPC/FSSE evaluation is at Exhibit C. 

 

The BCMR Medical Consultant recommends denial of the applicant’s 
request for a disability retirement. The military Disability 
Evaluation System (DES) was established to maintain a fit and 
vital fighting force. By law, the DES can only offer 
compensation for those service incurred diseases or injuries 
which specifically render a member unfit for continued service 
and were the cause for career termination. Service members are 
considered unfit when the evidence establishes that a member, 
due to physical disability, is unable to reasonably perform the 
duties of his or her office, grade, rank, to include duties 
during a remaining period of Reserve obligation. In this case, 
there were no medical records, to include an AF Form 469, Duty 
Limiting Condition Report, or an AF Form 422, Physical Profile 
Serial Report, to substantiate a physical disqualification which 


warranted a disability retirement. Also, it was not established 
that the applicant was unable to reasonably perform his military 
duties due to one or more medical conditions during his military 
service. As such, his discharge was consistent with the 
procedural and substantive requirements for the existing 
discharge regulation. The applicant submitted the results of 
two medical tests which were performed after his separation from 
the Air National Guard. Both tests, which were also non-
specific, did not substantiate an unfitting condition. The case 
file does not contain medical evidence which shows an effect or 
causal relationship with the termination of the applicant’s 
service or as an alternative reason for his release from 
military service. 

 

The applicant’s records revealed fitness assessment 
restrictions; however, he received several evaluations and 
memorandums that showed he failed to maintain standards in 
accordance with Air National Guard Instruction (ANGI) 10-248, Air National Guard Fitness Program, during the period of 
September 2007 through May 2009. This instruction authorizes 
unit commander’s to take administrative action against members 
that have a composite score less than 75 for greater than 180 
days and each subsequent composite score less than 75 if the 
member shows no sign of improvement. In this case, the 
applicant transferred to the IRR (Individual Ready Reserves) in 
lieu of an administrative discharge because he was not 
physically qualified to perform his drill and showed no signs of 
improvement in his waist measurement. 

 

The Department of Veterans Affairs (DVA) operates under Title 38 
and is authorized to provide continuing medical care and 
assistance to all eligible veterans. The DVA is empowered to 
periodically re-evaluate veterans for the purpose of adjusting 
the disability rating should the applicant’s degree of 
impairment vary over time. Therefore, the applicant is 
encouraged to utilize the resources of the DVA to the extent 
that he may be entitled. 

 

A complete copy of the BCMR Medical Consultant’s evaluation is 
at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant reiterates his argument that he has sustained 
military service connected disabilities. As a result of these 
disabilities he is currently receiving supplemental security 
income (SSI) payments. Although he performed his duties while 
serving in the military, he was unable to run well because of 
his exposure to asbestos. The corroboration of his medical 
records, statements of support, and team of medical specialist’s 
opinions will establish that his service connected disabilities 
began prior to his discharge from the Air Force National Guard. 


He did not report his injury to his back and head because he was 
concerned that he would be found unfit to serve. He is 
currently willing to accept a non-paid disability retirement 
just to be able to provide his wife and daughters base 
privileges and health insurance. 

 

A complete copy of the applicant’s response is at Exhibit E and 
Exhibit F. 

 

________________________________________________________________ 

 

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 injustice. We took 
notice of the applicant’s complete submission, including his 
rebuttal responses, in judging the merits of the case; however, 
we agree with the opinion and recommendation of the Air Force 
office of primary responsibility and AFBCMR Medical Consultant 
and adopt their 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 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-2012-04601 in Executive Session on 9 July 2013 and on 
1 August 2013, under the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-04601 was considered: 

 

 Exhibit A. DD Form 149, dated 28 Sep 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, ARPC/FSSE, dated 4 Jan 13. 

 Exhibit D. Letter, BCMR Medical Consultant, dated 4 Jan 13. 

 Exhibit E. Letter, Applicant, dated 12 Apr 13. 

 Exhibit F. Letter, Applicant, dated 12 Jul 13. 

 

 

 

 

 

 

 Panel Chair