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AF | BCMR | CY2013 | BC 2013 01113
Original file (BC 2013 01113.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01113

		COUNSEL:  NO

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His physical disqualification discharge be changed to a 
disability discharge. 

________________________________________________________________

APPLICANT CONTENDS THAT:

When he out-processed, he was told that his discharge would be 
classified as a disability.  He was not diagnosed with being 
bipolar until long after he enlisted and it is not a physical 
disqualification.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Missouri Air National Guard on 27 Mar 07.

On 30 Aug 10, the National Guard Bureau (NGB) determined that 
the applicant was medically disqualified for worldwide duty 
based on the applicant’s diagnosis of Bipolar Affective 
Disorder.

On 18 Jan 11, the applicant was furnished an honorable discharge 
with a narrative reason for separation of “Physical 
Disqualification.”  He was credited with 3 years, 9 months, and 
22 days of total reserve service.  Item 23 of his NGB Form 22, 
National Guard Bureau Report of Separation and Record of 
Service, indicates the authority and reason for his discharge 
was paragraph 3.14 of AFI 36-3209, Separation and Retirement 
Procedures for Members of the Air National Guard and Air Force 
Reserve, which describes the procedures for discharge of members 
due to physical disqualification when they are not qualified for 
a disability separation or retirement under the provisions of 
AFI 36-3212, Physical Evaluation for Retention, Retirement, and 
Separation.  According to paragraph 3.14.7, prior to the 
execution of a discharge for physical disqualification for a 
non-duty related impairment or condition the member shall be 
afforded the opportunity to enter the Disability Evaluation 
System (DES) for a determination of fitness pursuant to DoDD 
1332.18 and implementing regulatory issuances.

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

________________________________________________________________

AIR FORCE EVALUATION:

NGB/SGPA recommends denial, indicating the applicant was 
diagnosed with Bipolar Disorder after enlisting in the ANG in 
2007; however, he was not diagnosed while in a military status 
nor was his condition caused by his military service.  In 2010, 
the applicant was found unfit for military service through the 
Disability Evaluation System (DES).  In accordance with AFI 36-
2903 [sic], paragraph 3.14, the applicant does not qualify for a 
medical disability.  

A complete copy of the NGB/SGPA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 28 May 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

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 in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error or injustice.  
The applicant’s contentions are duly noted; however, we do not 
find these assertions, in and by themselves, sufficiently 
persuasive to override the evidence of record or the rationale 
provided by the Air Force OPR.  We are not persuaded by the 
evidence presented that the applicant’s Bipolar Affective 
Disorder was caused or aggravated by his military service or 
that his administrative discharge for medical disqualification 
represents 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-2013-01113 in Executive Session on 12 Dec 13, under 
the provisions of AFI 36-2603:

		                 , Panel Chair
		                 , Member
		                 , Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-01113 was considered:

    Exhibit A.  DD Form 149, dated 28 Feb 13, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, NGB/SGPA, dated 7 May 13.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 13.




                                   
                                   Panel Chair
2

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