RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01608
XXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His discharge be changed to a medical retirement with the
associated back pay.
APPLICANT CONTENDS THAT:
In early 2008, while actively participating in the California
Air National Guard (ANG), he discovered that he had Leukemia (B-
cell chronic lymphocytic leukemia/small lymphocytic lymphoma).
This diagnosis medically disqualified him for worldwide duty,
resulting in his discharge from the ANG. Subsequent to his
discharge, he learned that he could have accrued points by
participating in Extension Course Institute (ECI) courses. Had
he been aware of this option, he would have utilized this time
to accrue the points needed for a disability retirement.
In support of his request, the applicant provides copies of
medical documents, orders, a letter written by the XXXX Space
Operations Squadron commander dated 26 March 2013, stating the
applicant should have been allowed to perform military duty
until his medical discharge and various other documents
associated with his request.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to Headquarters, Air Force Space Command (HQ AFSPC)
Aeromedical Summary dated 27 March 2009, the applicant was
Disqualified for Space and Missile Operator Duty (SMOD) due to
Lymphoid Leukemia, Chronic, without mention of remission. His
oncologist stated that he required no treatment - just follow-up
every three months.
According to NGB/SGPA memorandum dated 15 July 2009, the
applicant was Medically Disqualified for Worldwide Duty. The
letter further indicated that the applicant may not perform any
military duty.
According to the applicants NGB Form 22, Report of Separation
and Record of Service, for the period 7 May 2000 to 30 March
2010, he was discharged under the provisions of AFI 36-3209,
Separation and Retirement Procedures for Air National Guard and
Air Force Reserve Members, paragraph 3.12.15, Insufficient
retainability for mobilization or ineligibility for worldwide
deployment, and was issued a separation program designator code
of JFT, which denotes Physical standards; Discharge no board
entitlement. His reentry code of 6P denotes Medically
disqualified/pending waiver (ANG Only). Updated when a member
is medically disqualified from continued military/worldwide
service. He is credited with 13 years, 5 months and 28 days of
total service for retired pay.
AIR FORCE EVALUATION:
NGB/SGPF recommends denial indicating there is no evidence of an
error or an injustice. In March 2009, the applicant was
medically disqualified for world-wide duties and SMOD by HQ
AFSPC. Therefore, he was not authorized to perform any military
duty after his disqualification. While the applicant states he
was not given the option to perform ECI courses while awaiting
his disposition from HQ AFSPC, there is no evidence to support
this claim. Moreover, there is no evidence to support the claim
that if he were to perform ECI courses, he would have accrued
sufficient points to retire.
A complete copy of the NGB/SGPF evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 June 2013, the applicant requested additional time to
provide supplementary evidence in support of his request and
his case was administratively closed.
On 9 April 2014, the applicant requested his application be
reopened and submitted the same letter from the XXX Space
Operations Squadron commander included in his initial
submission to the Board.
The applicants complete response, with attachment, is at
Exhibit G.
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 applicants 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
and adopt the rationale expressed as the basis for our
conclusion the applicant has not been the victim of an error of
injustice. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the requested
relief.
4. The applicants 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 issues 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-2013-01608 in Executive Session on 1 September 2015,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-01608 was considered:
Exhibit A. DD Form 149, dated 28 August 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, NGB/SGPF, dated 30 April 2013.
Exhibit D. Letter, SAF/MRBR, dated 10 May 2013.
Exhibit E. Letter, Applicant, dated 7 June 2013.
Exhibit F. Letter, SAF/MRBC, dated 24 June 2013.
Exhibit G. Letter, Applicant, dated 9 April 2014, w/atch.
AF | BCMR | CY2012 | BC-2012-04516
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04516 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code 6P (medically disqualified/pending waiver) be changed to allow him to reenter the service. Conditions which may seriously compromise the near-term well-being if an individual were to deploy are disqualifying for...
AF | BCMR | CY2011 | BC-2011-03304
________________________________________________________________ APPLICANT CONTENDS THAT: She should have been discharged via a Physical Evaluation Board (PEB) and should have received disability compensation given the severity of her medical conditions. The complete SGPF evaluation is at Exhibit B. NGB/A1PS concurs with the SGPFs advisory and therefore recommends no action be taken unless the applicant can provide documentation showing her medical conditions were deemed service connected...
AF | BCMR | CY2011 | BC-2011-04598
The mental health evaluation found the applicant as having an Adjustment Disorder (Axis I: No diagnosis). His diagnosis, by itself, does not automatically disqualify him from flight duties, although it cannot be determined if the Axis II diagnosis of personality trait affects him sufficiently that he cannot qualify to fly military aircraft. Further, the applicant did not have a medical condition that disqualified him from flight duties as an aviator, as noted by the BCMR Medical Advisor.
AF | BCMR | CY2013 | BC-2012-01911
At the time she was discharged she had no idea that she was permanently disqualified from reentering a military service. The medical discharge is a false representation of her service in the Air National Guard (ANG). The complete A1PP evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 20 Dec 12 for review and comment within 30 days.
AF | BCMR | CY2013 | BC-2013-00429
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00429 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge from the Air National Guard be changed to a medical retirement. Although the applicant claims he presented medical documentation and treatment records to his unit, we note that other than his...
AF | BCMR | CY2013 | BC-2013-00805
However, the MEDCON orders were not completed. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate offices of the Air Force at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: NGB/SGPF recommends denial. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...
AF | BCMR | CY2009 | BC-2009-00142
A review of the applicant’s records indicates he completed 23 years, 7 months, and 22 days of honorable service; however, only 19 years, 11 months, and 23 days was satisfactory service creditable toward retired pay eligibility. Honorable service is the total years of service in the military; it includes satisfactory service, as well as years the member did not participate sufficiently to earn satisfactory service. Additionally, it appears the ANG/USAFR Point Credit Summary provided by the...
AF | BCMR | CY2013 | BC-2013-00107
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00107 COUNSEL: THOMAS R. MASON XXXXXXX HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be changed to a Medical discharge. We note that the DVA rated his disabilities at 80 percent; however, the applicant has provided no evidence showing that he had an unfitting...
AF | BCMR | CY2013 | BC 2013 00741
No further treatment records were included or available for review while this applicant was a member with the MT ANG. Thus, a medical condition that was not unfitting while in service, and was not the cause of separation or retirement, which may later progress in severity causing disability, or which was merely determined service connected by the DVA, is not a basis to retroactively grant a military medical retirement. Exhibit F. Letter, SAF/MRBC, 12 Dec 13.
AF | BCMR | CY2008 | BC-2007-00184
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00184 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect the Informal Physical Evaluation Board (IPEB) determination that he was fit for duty be changed and he be afforded the benefits given to military members involuntarily separated through the...