RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00107
COUNSEL: THOMAS R. MASON
XXXXXXX HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be changed to
a Medical discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He is medically unemployable.
In support of his request, the applicant provides copies of his
Department of Veterans Affairs (DVA) letters and various other
documents associated with his request.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 15 Nov 2010, the applicant was discharged from the Air
National Guard (ANG) in the grade of staff sergeant (SSgt, E-5)
with service characterized as general (under honorable
conditions).
________________________________________________________________
THE AIR FORCE EVALUATION:
NGB/SGPF recommends denial. SGPF states that the only medical
documentation included for review was a DVA Award Amount and
Payment notification dated 24 Jul 2012, and a Rating Decision
dated 22 Jun 2012. There is no evidence of any line of duty
determination to indicate the applicant incurred or aggravated
any medical conditions while serving in the ANG. Furthermore,
the applicant has failed to provide any ANG medical records to
warrant a Medical Evaluation Board (MEB), and subsequent medical
retirement.
The complete SGPF evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 15 Mar 2013, a copy of the Air Force evaluation was forwarded
to the member for review and comment within 30 days. To date, a
response has not been received (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 find no evidence of an error or injustice
that occurred in the discharge processing. Based on the
available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation. We note that the DVA rated his disabilities at 80
percent; however, the applicant has provided no evidence showing
that he had an unfitting medical condition at the time of his
discharge that would have required his processing through the
Military Disability Evaluation System a prerequisite to a
medical discharge. Therefore, in the absence of evidence that
convincingly refutes the opinion and recommendation of the Air
Force office of primary responsibility, we agree with their
recommendation and adopt their rationale as the basis for our
conclusion that he has not been the victim of an error of
injustice and 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 issue(s)
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 Docket Number BC-
2013-00107 in Executive Session on 5 Sep 2013, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-00107:
Exhibit A. DD Form 149, dated 30 Dec 2012, w/atchs.
Exhibit B. Applicant's Available Military Records.
Exhibit C. Letter, NGB/SGPF, dated 7 Mar 2013.
Exhibit D. Letter, SAF/MRBR, dated 15 Mar 2013.
Panel Chair
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