RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02048
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be changed to 
a medical discharge.

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APPLICANT CONTENDS THAT:

He broke his back while in the service and believes he is 
entitled to a medical discharge.

In support of the applicant’s appeal, he provides documents 
extracted from his military personnel record, Congressional 
documentation, and other documentation.

The applicant's complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty on 23 August 2010.

An email provided by the applicant from the United States Army 
National Guard dated 19 March 2013 reflects the following:

While at technical school during the applicant’s Initial Active 
Duty Training on 28 December 2010, an Informal Physical 
Evaluation Board (IPEB) convened and diagnosed the applicant 
with spondylolisthesis.  The IPEB recommended discharge with 
severance pay – compensable at 20 percent.  During this 
assessment the applicant asserted that he was fit for duty and 
should be returned to duty.  On 24 February 2011, the applicant 
went through a Formal Physical Evaluation Board (FPEB).  The 
FPEB found the applicant fit and returned him to duty.  

On 13 May 2011, the applicant requested to see a neurosurgeon.  





On 7 June 2011, the applicant received a letter from the 188th 
MDG that he had a potentially disqualifying medical condition 
and further documentation from his civilian provider was 
required.

On 3 January 2012, the applicant was notified by his commander 
of his intent to recommend his discharge from the Air National 
Guard and as a Reserve of the Air Force for failure to comply 
with requirements for a medical examination.  Specifically, he 
was noncompliant with requested medical information.

On 10 October 2012, the applicant submitted a request for a 
conditional release from the Arkansas Air National Guard to join 
the United States Army Reserve.  On 14 October 2012, the 
commander approved the applicant’s request.

Special Order P-005396 dated 10 April 2013, reflects the 
applicant was discharged with a general characterization of 
service from the ANG and as a member of the Reserve of the Air 
Force effective 28 February 2013.

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AIR FORCE EVALUATION:

NGB/SGPA recommends denial.  SGPA states the applicant is not 
eligible for a medical discharge.  The applicant had a medical 
condition that was found while at technical school.  The 
applicant went through the IPEB and was found unfit.  The 
applicant disagreed with the disposition; appeal of his case 
went to the FPEB.  He was found fit and returned to duty.  
According to an email submitted, the applicant also had another 
medical condition.  The Medical Group (MDG) requested the 
documentation for the new condition.  The applicant never 
submitted the requested documentation.  After several requests, 
the 188th began the administrative discharge process.  The 
applicant requested a conditional release instead of being 
administratively discharged.  The 188th agreed to allow the 
applicant to have a conditional release from the Air National 
Guard (ANG) to the Army National Guard (ArNG).  The applicant 
had from October 2012 to February 2013 to enlist in the ArNG.  
Since the applicant never enlisted in the ArNG in the time 
allotted, an  administrative discharge was completed.

The SGPA complete evaluation is at Exhibit B.

The AFBCMR Medical Consultant recommends denial.  The AFBCMR 
Medical Consultant states the medical record is devoid of any 
medical documentation that would support a medical discharge.  
On numerous occasions the applicant stated he was “Fit for 
Duty”.  The applicant rejected the IPEB “unfit” recommendation.  
The FPEB concurred with the applicant and he was returned to 
duty.  In October 2012 the applicant requested a conditional 
release from the ANG to join the Army NG stating again “I am Fit 
for Duty”.  There exists no evidence to support a medical 
discharge.

The 188th MDG requested medical information on 7 June 2011 and 
it appears that when discharged on 10 April 2013 he still did 
not supply the requested material (22 months later).  He is 
sensitive to the applicant’s potential need for continuing 
medical care.  Therefore, the Medical Advisor encourages the 
applicant to utilize the resources of the Department of Veterans 
Affairs (DVA) to the extent that he may be entitled.  The DVA is 
the agency chartered by Congress to provide assistance to all 
eligible veterans.  The Military Disability Evaluation System 
(MDES) is responsible for maintaining a fit and vital fighting 
force.  While the MDES considers all of the service member’s 
medical conditions, compensation can only be offered for those 
medical conditions that cut short a service member’s career, and 
then only to the degree of severity present at the time of final 
disposition.  However, the DVA, operating under a different set 
of laws (Title 38, United States Code), is empowered to 
periodically reevaluate veterans for the purpose of adjusting 
the disability rating should his degree of impairment vary over 
time.

The discharge was consistent with the procedural and substantive 
requirements of the discharge regulation.  The applicant 
provided no facts warranting a change to his separation code or 
narrative reason for separation or type of discharge.  The 
AFBCMR Medical Advisor opines the applicant has not met the 
burden of proof of error or injustice that warrants the desired 
change of the record.

The AFBCMR Medical Consultant’s complete evaluation is at 
Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 June 2013, copies of the evaluations were forwarded to the 
applicant for review and response within 30 days (Exhibit D).  
As of this date, no response has been received by this office. 

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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 injustice.  We took 
note of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the NGB/SGPA and the BCMR Medical Consultant 
and adopt their rationale as the basis for our conclusion no 
basis exists to grant a medical discharge.  Therefore, in view 
of the above and in the absence of evidence to the contrary, we 
find no basis to recommend favorable consideration of this 
request.

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.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-02048 in Executive Session on 16 January 2014, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 April 2013, w/atchs.
   Exhibit B.  Letter, NGB/SGPA, dated 21 May 2013.
   Exhibit C.  Letter, AFBCMR Medical Consultant, 
               dated 2 June 2013.
   Exhibit D.  Letter, SAF/MRBC, dated 11 June 2013.