Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 01432
Original file (BC 2013 01432.txt) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01432
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

His Reserve retirement be changed to a disability retirement.  

________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was terminated due to medical disqualification/medical 
disabilities.  He conditions have been rated as service-
connected by the Department of Veterans Affairs (DVA).  

The applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 21 Jul 11, the applicant, an Air Reserve Technician (ART) 
with the 349 Maintenance Squadron was medically disqualified for 
continued military duty. 

On 22 Jul 11, the applicant was relieved from his current 
assignment and transferred to the Retired Reserve section, 
awaiting pay at age 60.  

________________________________________________________________

THE AIR FORCE EVALUATION:

AFRC/SG recommends denial, stating, in part, that the 
applicant's case file database shows that the applicant 
underwent an initial fitness for duty evaluation in 2006 for 
Diabetes Mellitus.  At that time, he was found fit and returned 
to duty. His case was reviewed in 2009, and he was again 
returned to duty.  His case would have come up for renewal in 
2011, but he apparently retired prior to that review.  No other 
disqualifying condition was ever presented to AFRC/SG for 
review/adjudication.  It is unclear what disabling condition the 
applicant feels he has that would have warranted processing 
through the Disability Evaluation System (DES).  However, 
Diabetes itself is potentially disqualifying, but members with 
controlled type II diabetes are generally returned to duty with 
appropriate deployment restrictions.  If the applicant has 
further diagnosis and documentation, he should resubmit to the 
Board.

The complete SG evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

The applicant states he was diagnosed with Diabetes with no 
medical healthcare and was put in a no pay/no points status 
until his separation on 22 Jul 11.

In support of his appeal, he provides copies of his proposed 
removal from his ART position; AF Form 469, Duty Limiting 
Condition Report, dated 24 Aug 10, and various other documents.

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 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.  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.  The applicant 
provides an AF Form 469 to support his appeal; however, the OPR 
requested further diagnosis and documentation of the medical 
condition the applicant believes should have warranted 
processing through the DES; however, the 469 provided is still 
unclear as to the medical condition the applicant believes 
should have rendered him unfit for military duty.  Therefore, we 
did not find the evidence sufficient to establish the applicant 
has been the victim of the error or injustice.  Accordingly, 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-2013-01432 in Executive Session on 27 Jan 2014, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Mar 13. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/SG, dated 20 Jun 13.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 13.
    Exhibit E.  Letter, Applicant, dated 21 Aug 13, w/atchs.




                                   Panel Chair


Similar Decisions

  • 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-2013-00397

    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 | CY2013 | BC 2013 01466

    Original file (BC 2013 01466.txt) Auto-classification: Denied

    ________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial, stating, in part, that the applicant's case file reflects that she was denied a participation waiver by the AFRC/SG staff for the period of time in question. While the form is not signed, the Air Force Reserve Surgeon General (AFRC/SG) notes that the applicant was submitted for a participation waiver; however, her request was denied. ...

  • AF | BCMR | CY2012 | BC-2012-02147

    Original file (BC-2012-02147.txt) Auto-classification: Approved

    ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends approval, noting the applicant’s record should be amended to reflect, as a minimum, the applicant was placed on active duty orders for pay and points on 5 Mar 11 and remained so until his medical retirement effective 29 Aug 12. The applicant’s request is duly noted; however, we did not find the evidence provided substantial enough to override the opinions...

  • AF | BCMR | CY2011 | BC-2011-03171

    Original file (BC-2011-03171.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03171 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was not released from active duty on 28 Mar 10, but was instead retained on active duty for medical continuation (MEDCON) until he was disability retired on 24 Sep 10. The remaining relevant facts pertaining to this...

  • 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 | CY2014 | BC 2014 01701

    Original file (BC 2014 01701.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01701 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. While the applicant contends his DNIF status during an extend period of time unjustly precluded him from attaining 50 points for his year ending 29 Nov 11, the Board believes it is the responsibility of each individual service member to carefully track their personal service and points, and to work with his...

  • AF | BCMR | CY2013 | BC 2013 03317

    Original file (BC 2013 03317.txt) Auto-classification: Denied

    In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; medical records, letters of support, and other various documents associated with his request. Thus none of these conditions are In the Line of Duty (ILOD) as applied to Air Force disability retirement. The complete BCMR Medical Consultant evaluation is at Exhibit E. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE...

  • AF | BCMR | CY2012 | BC-2012-03402

    Original file (BC-2012-03402.txt) Auto-classification: Approved

    On 7 Dec 10, the LOD Board administrator signed, for the Air Force Reserve Vice Commander, deciding that the applicant’s injury was In the Line of Duty (INLOD). He has AF Forms 422s and 469s that reflect his duty limitations and currently/supposedly going through a Medical Evaluation Board (MEB) process. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be...

  • AF | BCMR | CY2010 | BC-2010-02769

    Original file (BC-2010-02769.txt) Auto-classification: Approved

    In support of his request, the applicant provides a statement from counsel and copies of excerpts of his military personnel records and civilian and service medical records pertaining to his LOD Determination, Medical Evaluation Board (MEB), Physical Evaluation Board (PEB), and subsequent permanent retirement for physical disability. The applicant contends that his 2004 LOD injury rendered him unfit to perform his duties and, thus, he should have been retained on active duty until he was...