RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01741
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
Her military retirement be changed to a medical retirement.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
She has had medical problems for years and is now unable to take
certain jobs in the civilian sector due to her medical issues.
She didnt ask to retire. She was forced into requesting
retirement because she could not pass her fitness tests, which
were due to her condition of arthritis.
The applicant does not provide any additional documentation in
support of her appeal.
The applicants complete submission is at Exhibit A.
________________________________________________________________
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STATEMENT OF FACTS:
The applicant is a former member of the Air Force Reserve who
served as an Air Reserve Technician in the grade of technical
sergeant (E-6). On 5 November 2011, she was notified by her
commander that she was ineligible for reenlistment due to a
history of fitness assessment failures. As a result of her
fitness assessment failures, she received a Letter of Counseling
and a referral Enlisted Performance Report (EPR).
On 14 September 2012, the applicant was relieved from her
current assignment and transferred to the Retired Reserve
Section and place on the Reserve Retired List effective 12
October 2012.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the Air Force office of
primary responsibility and the BCMR Medical Consultant at
Exhibits C and D.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFRC/SG recommends denial. SG states that after a thorough
review of the applicants military record, they find no record
of a medical case of any type on the applicant. In addition,
the applicant has not provided any supporting documents to
support her appeal.
The complete SG evaluation is at Exhibit C.
________________________________________________________________
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BCMR MEDICAL CONSULTANTS EVALUATION:
The BCMR Medical Consultant recommends denial. The BCMR Medical
Consultant states that based upon a preponderance of evidence,
the applicants medical conditions did not preclude the
performance of duties commensurate with her office, grade, rank,
and rating. She experienced chronic bilateral knee pain since
2005, one side requiring surgery, as well as experiencing one or
more episodes of back pain and depression during her career.
However, no documents were provided to reflect either of these
conditions were duty-related or were permanently aggravated by
military service; which would be a prerequisite to qualifying
for disability processing under Air Force Instruction 36-3212,
if found unfitting. The mere existence of a medical diagnosis
does not automatically justify a medical reason for career
termination. With respect to the applicants four fitness
failures, her assigned medical provider found no medical basis
for the failures. It is apparent that her implicit inability to
perform maximal aerobic activity due to her knee ailments was
not considered a mitigating medical reason for her fitness
failures. As a result, her commander elected to, twice, deny
her reenlistment after having once issued a 12-month extension
after the initial denial. It is apparent the applicant then
submitted her request for retirement. It is the BCMR Medical
Consultants opinion that the applicant has not met the burden
of proof of an error or injustice that warrants the desired
change of record.
The complete BCMR Medical Consultants evaluation is at Exhibit
D.
________________________________________________________________
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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the evaluations by the Air Force office of primary
responsibility and the BCMR Medical Consultant were forwarded to
the applicant on 7 June 2013 for review and comment within 30
days (Exhibit E). As of this date, this office has received no
reply.
________________________________________________________________
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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 an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and the BCMR 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.
________________________________________________________________
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THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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-2013-01741 in Executive Sessions on 28 January 2014,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2013-01741:
Exhibit A. DD Form 149, dated 4 Apr 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/SG, dated 22 May 13.
Exhibit D. Letter, BCMR Medical Consultant, dated 5 Jun 13.
Exhibit E. Letter, SAF/MRBC, dated 7 Jun 13.
Panel Chair
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