RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04395
		 

			COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He receives a medical retirement based on his disabilities 
incurred while on active duty.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured while he was on active duty and should have been 
medically discharged or retired from the Air Force because of 
his disabilities.  



The applicant did not submit any additional documentation with 
his request, however, he included the location and file number 
of his Department of Veterans Affairs (DVA) records on his 
application.  

The applicant’s complete submission is at Exhibit A. 

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STATEMENT OF FACTS:

According to documents extracted from the Air Force Automated 
Records Management System (ARMS), the applicant is a former 
member of the Regular Air Force who enlisted on 3 March 2009, 
was progressively promoted to the rank of Senior Airman (SrA) E-
4 with date of rank (DOR) and effective date of 3 July 2011, and 
was released from active duty on 2 March 2013, with an honorable 
characterization of service and a narrative reason for 
separation of “completion of required active service.”  He was 
credited with 4 years of active duty service.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit C.  

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AIR FORCE EVALUATION:

1.  The AFBCMR Medical Consultant recommends denial.  Based upon 
the supplied service medical evidence, the Medical Consultant 
found no medical condition that established a cause and effect 
relationship with the termination of the applicant's military 
service.  Specifically, there are no AF Form 469, Duty Limiting 
Condition Reports, or AF Form 422, Physical Profile Serial 
Reports that indicate the applicant was restricted in the 
performance of his military duties to the extent and/or duration 
that warranted referral for a Medical Evaluation Board (MEB) and 
further processing via a Physical Evaluation Board (PEB).  The 
applicant has also not supplied his performance reports for an 
independent assessment of his overall duty performance and to 
identify any interference with duty caused by a medical 
condition. 

2.  The applicant’s Department of Veterans Affairs (DVA) 
documentation reflects service connection and award of a 20% 
disability rating for left upper extremity radiculopathy 
affecting the middle radicular group, with intervertebral disc 
syndrome, and a 10% disability rating for cervical degenerative 
disease and degenerative joint disease; both effective March 3, 
2013.  He also received service connection for an unrelated skin 
condition, but was rated at 0%.  The rationale for the DVA 
decision included references to the applicant's DVA Examination 
and Disability Benefits Questionnaire, dated 16 April 2013, and 
service treatment records from 19 November 2008, through 
16 October 2012, none of which have been provided for this 
review.  

3.  It should be stated that a medical diagnosis during military 
service does not automatically equal unfitness for duty nor 
automatically forms the basis for release from military service. 
Addressing the applicant's desire for a medical retirement, the 
military Disability Evaluation System (DES), established to 
maintain a fit and vital fighting force, can by law, under Title 
10, United States Code (U.S.C.), only offers compensation for 
and when a service incurred disease or injury specifically 
renders a member unfit for continued active service or causes 
career termination; and then only for the degree of impairment 
present at the “snapshot” time of separation and not based on 
future occurrences.  

4.  On the other hand, operating under a different set of laws 
(Title 38, U.S.C.), with a different purpose, the DVA is 
authorized to offer compensation for any medical condition 
determined service incurred, without regard to (and independent 
of) its demonstrated or proven impact upon a service member's 
fitness, retainability, narrative reason for release from 
military service, or the length of time transpired since the 
date of separation.  With this in mind, Title 38, U.S.C., which 
governs the DVA compensation system, was written to allow 
awarding compensation ratings for any condition with a nexus 
with military service.  Thus, the fact that the DVA has awarded 
the applicant compensation ratings, is not justification for or 
proof that the applicant should have been medically retired.  
Based upon the limited Service evidence supplied, the Medical 
Consultant opines the applicant has not met the burden of proof 
that warrants the desired change of the record.  

The complete AFBCMR Medical Consultant evaluation is at Exhibit 
C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the AFBCMR Medical Consultant evaluation was forwarded 
to the applicant for review and comment within 30 days, on 
8 April 2014, (Exhibit D).  To date, a response has not been 
received.  

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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 file.  

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of 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 AFBCMR Medical Consultant and adopt his rationale as the 
basis for our conclusion that 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 this application 
in Executive Session on 22 May 2014, under the provisions of AFI 
36-2603:

		, Panel Chair
		, Member
		, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04395 was considered:

    Exhibit A.  DD Form 149, dated 11 September 2013.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR Medical Consultant, dated 
7 April 2014
    Exhibit D.  Letter, SAF/MRBR, dated 18 April 2014.