RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04673

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

His Honorable discharge be changed to a medical retirement.  

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APPLICANT CONTENDS THAT:

He was unjustly denied the opportunity to retire from the Air Force Reserve after the National Guard Bureau made the decision that he was medically disqualified after 16 years of service. 

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

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STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 30 Jul 79.

On 29 Jul 83, the applicant was furnished an Honorable discharge due to the expiration of his term of active obligated service, but continued to serve on and off in both the Air Force Reserve and the Texas Air National Guard.  

Effective 24 Feb 10, the applicant was furnished an honorable discharge from the Reserve, under Discharge Order ROA-223, dated 25 Jun 08 (sic).  

According to the documentation submitted by the applicant:

	a.  On 18 Aug 11, while applying for re-entry into the Air National Guard (ANG) at age 50, a civilian cardiologist examined the applicant and recommended “Because of (the results of his Electrocardiogram and Stress Test) and due to the fact his blood work and Lipid profile are unknown, I would recommend caution in commencing Basic Training.”  

	b.  on 26 Nov 13, the Department of Veterans Affairs (DVA) issued the applicant a 20 percent compensable rating for service-connected carpal tunnel syndrome on his left wrist, and no service-connection or compensation for his heart condition, spine disease, sleep apnea, hypertension, or right side carpal tunnel syndrome.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial indicating there is no evidence of an error or an injustice.  Reserve component members with at least 15, but less than 20 satisfactory years of service, who are found medically disqualified under AFI 36-3209, Separation And Retirement Procedures For Air National Guard and Air Force Reserve Members, are eligible to elect a non-regular Reserve retirement under Title 10, United States Code (U.S.C.), §12731b, “Special rule for members with physical disabilities not incurred in the line of duty” which reads: “In the case of Selected Reserve of the Reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes §12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20 years of service as computed under §12732 of this title.”  The applicable subsection (a)(2) of §12731 reads:  “(a) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under §12739 of this title, if the person (2) has performed at least 20 years of service computed under §12732 of this title.”  The Board should be aware the DoD has adjusted its policy to allow Reserve component members with in-the-line-of-duty medical conditions to elect this benefit as well, if they served at least 15 years, but less than 20 years of satisfactory service.  

Based upon the narratives and evidence provided, although the applicant appears to have met the 15 but not less than 20 years requirement to qualify for retirement under §12731b, the Medical Consultant could not determine that the applicant was released from military service, unfit, due to a medical disqualification; only that he was denied reentry due to a disqualifying medical condition.  This is evident by the recurring reference to the Military Entrance Processing Stations (MEPS) and an associated document referred to as “680,” which is a USMEPCOM examination document. It remains unclear under which provision of AFI 36-3209 the applicant was released in 2010.  Moreover, no documents indicate the applicant was released from any period of service due to a medical disqualification.  The applicant has not met the burden of proof or error or injustice.  

A complete copy of the BCMR Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In rebuttal, he updates the Board on his current medical status.  He has an inoperable blocked carotid artery, is disabled, and is unemployable for the rest of his life.  The blocked artery was never discovered while he was serving, or even during his last military physical on which he was denied reentry.  The lack of blood flow through is artery contributes to the problems found with his heart at that time (Exhibit E).

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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 notice of the applicant’s complete submission, to include his rebuttal response to the advisory opinion, in judging the merits of the case; however, we agree with the opinion and recommendation of the BCMR Medical Advisor’s advisory and adopt his rationale 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.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2013-04673 in Executive Session on 21 Aug 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 Sep 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, BCMR Medical Consultant, dated 2 May 14.
Exhibit D.  Letter, SAF/MRBR, dated 20 May 14.
Exhibit E.  Letter, Applicant, undated, w/atchs.