RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                DOCKET NUMBER:  BC-2014-00476
		COUNSEL:  DAV
		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

1.  She be awarded the Air Force Commendation Medal (AFCM).

2.  She be given a medical retirement.


APPLICANT CONTENDS THAT:

During mobility exercises, she moved classified safes and 
injured her back.  She also tore her pectoral muscles while 
rendering final military honors for deceased veterans.  While on 
active duty, she had been treated various times for migraine 
headaches and mental disorders.

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


STATEMENT OF FACTS:

On 29 March 1986, the applicant was honorably discharged under 
the provisions of AFR 39-10 (Expiration Term of Service) in the 
grade of staff sergeant after serving 7 years, 6 months and 
26 days on active duty and credited with 3 years, 2 months and 
24 days of foreign service.

The Air Force Commendation Medal is awarded to members of the 
Armed Forces of the Unites, below the grade of colonel and 
foreign military personnel, who while serving in any capacity 
with the Department of the Air Force after 28 March 1958, 
distinguish themselves by outstanding achievement or meritorious 
service least one day served in each campaign phase.

The applicant provided a Department of Veterans Affairs (VA) 
rating reflecting a 30 percent disability rating for double 
depression with chronic dysthymia with episodes of major 
depression interspersed, effective 13 December 1996.  She also 
provided a VA document reflecting a combined disability rating 
of 40 percent for migraine headaches.



AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states after a thorough 
review of the applicant’s official military personnel record, 
they were unable to verify award of the Air Force Commendation 
Medal.  The applicant's record contains a citation for the Air 
Force Commendation Medal for the period from 13 March 1984 to 
29 March 1987; however, DISAPPROVED is stamped on the top of the 
citation.  They were unable to locate other official 
documentation referring to an Air Force Commendation Medal for 
this period of service.

Based on review of the applicant's official military personnel 
record, DPSID was able to determine that the Air Force 
Outstanding Unit Award (AFOUA) should have been awarded during 
the applicant's service from 30 March 1983 to 29 March 1987 and 
was not reflected in her records.  Upon final board decision, 
administrative correction of the applicant’s official military 
personnel record will be completed by AFPC/DPSOR.

To grant relief would be contrary to the criteria established by 
DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or 
the War Department.

The DPSID complete evaluation is at Exhibit C.

The AFBCMR Medical Consultant recommends denial.  The AFBCMR 
Medical Consultant states a physical therapy consultation 
request was initiated on 27 October 1986 for evaluation and 
treatment of the applicant’s back pain.  The consultation report 
shows a statement referring the reader to a February 1982 
progress note that indicates she experienced “back pain since 
age 14.”

Although the applicant’s service treatment record separation 
history and physical indicates she experienced a number of 
somatic complaints nearing the time of her release from military 
service, it could not be established that the applicant was 
unable to reasonably perform her military duties due to one or 
more medical conditions during her military service or at the 
time of her release from active duty order.  Additionally, the 
case file does not contain profile restrictions imposed that 
would indicate a questionable ability to perform military 
service or to maintain worldwide qualification that otherwise 
would/should have triggered a medical hold in order to conduct a 
Medical Evaluation Board (MEB).  Indeed, the evaluating 
healthcare provider found her worldwide qualified for the 
purpose of retention or separation.





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 
retainability or fitness to serve, the narrative reason for 
release from military service, nor the intervening or transpired 
period 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 
conditions with a nexus with military service.  This is the 
reason why an individual can be released from active military 
service for one reason and yet sometime thereafter receive a 
compensation rating from the DVA for one or more medical 
conditions found service-connected, but which was not proven 
militarily unfitting during the period of active service.  The 
DVA is also empowered to conduct periodic re-evaluations for the 
purpose of adjusting the disability rating awards (increase or 
decrease) as the level of impairment from a given service 
connected medical condition may vary (improve or worsen, 
affecting future employability) over the lifetime of the 
veteran.

The Medical Consultant opines the applicant has not met the 
burden of proof of error or injustice that warrants the desired 
change of the record.  The applicant’s case has also not been 
timely filed, but has been reviewed in the interest of 
justice.    

The AFBCMR Medical Consultant’s complete evaluation is at 
Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 September 2014, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit D).  As of this date, no response has been 
received by this office. 


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an 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 Air Force office of primary responsibility 
and the AFBCMR Medical Consultant and adopt their rationale as 
the basis for our conclusion the applicant has failed to sustain 
her burden of proof of the existence 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 the evidence presented did not 
demonstrate the existence of an 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-2014-00476 in Executive Session on 8 January 2015, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 16 August 2013, w/atchs.
  Exhibit B.  Available Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSID, dated 16 June 2014.
  Exhibit D.  Letter, AFBCMR Medical Consultant, dated
              17 July 2014.
  Exhibit E.  Letter, SAF/MRBR, dated 15 September 2014.