AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
 

 
 

 
 

 
 
 

DOCKET NUMBER:  BC-2012-01384 
COUNSEL:  NONE 
HEARING DESIRED:  NOT INDICATED 

IN THE MATTER OF:   
 
 
     
 
     
 
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT:  
 
His  regular  Reserve  retirement  be  changed  to  a  medical 
retirement. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  was  medically  disqualified;  therefore,  he  should  have  been 
medically retired and immediately awarded his retirement. 
 
The documentation regarding his discharge is incorrect.  He had 
not  completed  the  return  trip  after  his  Unit  Training  Assembly 
(UTA) on 4 April 2009.  He was living with his daughter at that 
time.   
 
He  returned  to  his  Reserve  duty  assignment  for  the  weekend  of 
11-12  July  2009  and  performed  his  duties  both  days.    His  unit 
stated  there  were  10  non-deployable  positions.    He  was  capable 
to perform those duties. 
 
The  Informal  Physical  Evaluation  Board  (IPEB)  made  the 
determination  that  he  was  unfit  to  perform  the  duties  of  his 
office  based  on  the  VA  code  5235,  not  on  his  abilities  to 
perform.   
 
In  support  of  his  appeal,  the  applicant  provides  a  personal 
statement, rental agreement, and Medical Evaluation Board (MEB) 
documentation. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant is a former member of the Air Force Reserves.  On 
4 April 2009, the applicant returned home after completing a UTA 
and fell 15 feet while performing tree work.  He was diagnosed 
with T-12 Burst Fracture.  An IPEB found the applicant was unfit 
to  perform  the  duties  of  his  office,  grade,  rank  or  rating 
noting the T-Burst Fracture caused complete spinal stenosis and 
he was paralyzed below the mid-thigh with slow signs of feeling 

 

 
returning to his lower extremities.  The applicant uses a part-
time brace/walker and a wheel chair for mobility.  The IPEB also 
noted  the  applicant  sustained  the  injury  after  returning  home 
after a UTA. 
 
The  applicant  was  notified  of  his  commander’s  intent  to 
discharge  him  from  the  Reserve  for  physical  disqualification.  
The member elected to be transferred into the Retired Reserve in 
lieu  of  administrative  discharge  on  15  October  2010.    He  was 
transferred to the retired Reserves effective 29 October 2010. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
The BCMR Medical Consultant recommends denial.  The applicant’s 
injuries  were  considered  not  in  the  line  of  duty  since  the 
injury  occurred  after  he  returned  home  following  completion  of 
his  UTA  and  no  longer  in  a  duty  status.    The  record  indicates 
all  the  proper  notifications  and  rights  to  appeal  the  medical 
disqualification  through  a  “fitness  only”  assessment  via  the 
Disability  Evaluation  System  were  implemented.    Since  the 
applicant  was  eligible  to  transfer  into  the  retired  Reserve 
section,  he  was  notified  of  his  eligibility  to  apply  for 
transfer or risk administrative discharge from the Air Force for 
his medical condition.   
 
The  applicant  has  not  met  the  burden  of  proof  of  error  or 
injustice that justifies the desired change of the record.  
 
The complete BCMR Medical Consultant is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant  on  18  December  2012,  for  review  and  comment  within 
30 days (Exhibit D).  As of this date, this office has received 
no response. 
 
________________________________________________________________ 
 
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 
carefully  considered  the  applicant’s  submission  and  the 
available evidence of record and do not find that it supports a 
determination  that  his  transfer  to  the  Retired  Reserve  was 
improper.    Other  than  his  own  assertions,  the  applicant  has 
provided  no  evidence  that  would  lead  us  to  believe  the 

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assessment  of  his  medical  condition  was  based  on  factors  other 
than  accepted  medical  principles.    The  evidence  of  record 
indicates  that  the  applicant  was  afforded  due  process  through 
the  disability  evaluation  system  and  we  find  the  evidence 
submitted  insufficient  to  determine  otherwise.      Therefore  we 
agree  with  the  opinion  and  recommendation  of  the  BCMR  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. 
 
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. 
 
________________________________________________________________ 
 
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 BCMR Docket Number 
BC-2012-01384 in Executive Session on 23 January 2013, under the 
provisions of AFI 36-2603: 
 
 
 
 
The following documentary evidence was considered: 
 
   Exhibit A.  DD Form 149, dated 12 Apr 12, w/atchs. 
   Exhibit B.  Applicant's Master Personnel Records. 
   Exhibit C.  Letter, BCMR Medical Consultant, dated 17 Dec 12. 
   Exhibit D.  Letter, SAF/MRBC, dated 18 Dec 12. 
 
 
 
 
                                    
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