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AF | BCMR | CY2013 | BC 2013 01741
Original file (BC 2013 01741.txt) Auto-classification: Denied
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 didn’t 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 applicant’s complete submission is at Exhibit A.  

________________________________________________________________
_

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 applicant’s 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.  

________________________________________________________________
_

BCMR MEDICAL CONSULTANT’S EVALUATION:

The BCMR Medical Consultant recommends denial.  The BCMR Medical 
Consultant states that based upon a preponderance of evidence, 
the applicant’s 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 applicant’s 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 
Consultant’s 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 Consultant’s evaluation is at Exhibit 
D.  

________________________________________________________________
_

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.  

________________________________________________________________
_

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.

________________________________________________________________
_

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
2

3

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