AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-00274 
COUNSEL:    
HEARING DESIRED:  NO 

 
IN THE MATTER OF: 
 
       
 
       
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
1.  His  narrative  reason  for  separation  be  changed  to  read 
“Medically Retired,” rather than “Medically Disqualified.” 
 
2.  He  be  awarded  with  correct  pay  and  benefits  or  medical 
severance pay in accordance with 10 USC 61. 
 
3.  He  be  able  to  transfer  his  Post-9/11  GI  Bill  educational 
benefits to his wife and two minor children. 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  should  be  eligible  for  Disability  retirement  in  accordance 
with 10 USC 61.  He was informed by physician at Buckley Medical 
Clinic  that  due  to  his  sleep  apnea  he  would  be  Medically 
Retired.  However, he was not afforded his due process to appeal 
under  the  Disability  Evaluation  System  (DES).    While  he  
received  a  letter  from  Buckley  AFB,  CO  describing  his 
recommendation  for  discharge  and  his  rights  to  appeal  through 
the DES, he still does not understand the system or the Physical 
Evaluation  System.    He  was  first  told  he  was  disqualified  for 
worldwide  duty  due  to  his  current  medical  conditions  but  the 
letter  he  received  does  not  state  the  condition  that  required 
his  discharge.    Furthermore,  at  the  time  of  his  discharge/ 
outprocessing,  his  attention  to  detail  was  lacking  because  he 
was required to take medications.  He was told that due to his 
years of service and points, “he should be medically retired, no 
problem”.  He was given more forms to sign but no real helpful 
information  to  explain  the  forms  or  what  it  meant  to  his 
retirement situation. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On  8  Jan  00,  the  applicant  contracted  his  enlistment  in  the 
Colorado Air National Guard (ANG). 
 

On  6  Dec  10,  the  applicant’s  unit  was  notified  that  he  was 
“Medically  Disqualified  for  Worldwide  Duty”  by  the  NGB,  Office 
of the Air Surgeon.  
 
On 7 Dec 10, the applicant’s commander notified him that he was 
recommending  him  for  discharge  from  the  ANG  due  to  his  medical 
disqualification and advised of his appeal rights under through 
the Disability Evaluation System (DES).  
 
On  8  Jan  11,  the  applicant  was  honorably  discharged  from  the 
Colorado ANG and credited with 26 years, 1 month, and 21 days of 
total  reserve  service.    According  to  his  NGB  Form  22,  the 
authority  and  reason  for  the  applicant’s  discharge  is  AFI  36-
3209, paragraph 3.14, Physical Disqualification. 
 According to documentation provided by the applicant, on 15 Nov 
11,  the  Department  of  Veterans  Affairs  (DVA)  awarded  the 
applicant  a  combined  compensable  disability  rating  of  40 
percent; however, his diagnosis of obstructive sleep apnea (OSA) 
was found not related to his military service. 
 
The Post-9/11 GI Bill, Chapter 33 became effective 1 August 2009.  
As  early  as  April  2009,  the  Department  of  Veterans  Affairs,  Air 
Force  and  Air  Force  Reserve  Components  published  articles  in 
service related newsletters and web sites explaining the program 
benefits and requirements.   
 
On  23  July  2009,  the  Air  Force  published  AFI  36-2306_AFGM1,  Air 
Force Guidance Memorandum-Post 9/11 GI Bill.  In accordance with 
that  guidance,  AFRC  implemented  a  communication  plan  that 
employed  AFRC  and  unit  education  training  offices  to  convey 
program information locally in briefings, as well as, articles in 
service  related  newsletters  and  multiple  websites.    By  mid  June 
2009,  unit  education  offices  were  trained  via  a  webinar  session 
and  received  flyers  to  ensure  as  complete  exposure  as  possible.  
Information  was  made  available  to  program  managers,  Base  IMA’s, 
and the Readiness Management Group.   
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFBCMR  Medical  Consultant  recommends  denial  noting  that  under 
AFI 36-3212 and in accordance with 10 USC 61, a condition must 
be  found  “in  line  of  duty,”  service-incurred,  or  permanently 
aggravated  by  military  service  in  order  to  qualify  as  a 
compensable  disorder.    The  applicant  has  not  submitted  any 
evidence  to  suggest  that  his  OSA  was  service-related  or 
permanently  aggravated  by  his  military  service.    Furthermore, 
the applicant has not supplied any evidence to show that he is 
eligible for compensation under any other provision of the law. 
 
Additionally,  Department  of  Defense  Instruction  (DoDI)  1332.38, 
Physical  Disability  Evaluation,  paragraph  E3.P3.3.3,  Cause  and 

 

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Effect  Relationship,  states:  “Regardless  of  the  presence  of 
illness  or  injury,  inadequate  performance  of  duty,  by  itself, 
shall not be considered as evidence of unfitness due to physical 
disability  unless  it  is  established  that  there  is  a  cause  and 
effect relationship between two factors.”  The applicant has not 
supplied  any  medical  evidence,  other  than  his  OSA  diagnosis, 
that  establishes  a  cause  and  effect  relationship  with  the 
termination  of  his  military  service.    However,  the  OSA  was  not 
deemed service connected. 
 
Unlike the DoD, the DVA is authorized to award compensation for 
any  medical  condition  determined  service  incurred,  independent 
of  its  demonstrated  or  proven  impact  upon  a  service  member’s 
retainability,  fitness  to  serve,  or  narrative  reason  for 
separation.  
 
A  complete  copy  of  the  AFBCMR  Medical  Consultant  evaluation  is 
at Exhibit C. 
________________________________________________________________ 
 
APPLICANT REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant  on  14  Jan  13  for  review  and  comment  within  30  days.  
As  of  this  date,  no  response  has  been  received  by  this  office 
(Exhibit D). 
 
________________________________________________________________ 
 
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 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  applicant’s  request  to  change  his  narrative  reason  for 
separation  or  to  award  medical  severance  pay  sought  in  this 
application.    As  for  the  applicant’s  request  to  correct  his 
record  to  reflect  he  transferred  his  Post-9/11  GI  Bill 
educational  benefits,  other  than  his  own  assertions,  he  has 
presented no evidence to indicate that his inability to transfer 
his  educational  benefits  was  the  result  of  an  error  on  the  part 
of  the  Air  Force,  that  he  was  not  counseled,  or  somehow  mis-
counseled  as  to  his  responsibilities  under  the  program.   

 

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Therefore,  we  find  no  basis  to  recommend  granting  the  relief 
sought in this application. 
 
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. 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-00274  in  Executive  Session  on  20  Feb  13,  under 
the provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
 
 
 
                dated 11 Jan 12 (sic). 
 
 
 
 
 
 
 

Exhibit A.  DD Form 149, dated 12 Jan 12, w/atchs. 
Exhibit B.  Applicant's Master Military Personnel Records. 
Exhibit C.  Letter, BCMR Medical Consultant,  
Exhibit D.  Letter, SAF/MRBC, dated 14 Jan 13. 

  Panel Chair 
  Member 
  Member 

  
Panel Chair 

 
 

 
 

 
 

 
 

 
 

 
 

 

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