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Decision Text

AF | BCMR | CY2013 | BC 2013 01608
Original file (BC 2013 01608.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s  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 applicant’s 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 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 
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 applicant’s 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.



 

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