RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-1999-01140
		INDEX CODE:  110.00

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214 (Certificate of Release or Discharge from Active Duty), Block 28, Narrative Reason for Separation, be changed to disability.

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings.

AIR FORCE EVALUATION:

The BCMR Medical Consultant, reviewed this application and indicates that the reason for discharge should be changed to Medical Disability Discharge without entitlement to disability separation pay, with appropriate SPD and reenlistment codes applied.  The applicant is entitled to continued treatment in the DVA system with changes in disability compensation occurring as circumstances warrant.

A complete copy of the Air Force evaluation is at Exhibit C.

The Directorate of Personnel Program Management, also reviewed this application and states that a thorough review of this case file revealed no errors or injustice that would merit a change to his military records to reflect that he was granted a disability discharge under Title 10 USC.  The applicant has not submitted any material or documentation to show that he was unfit due to a physical disability under the provisions of Chapter 61, Title 10, USC, at the time of his involuntary discharge.  Therefore, they recommend denial of applicant’s request.

A complete copy of their Air Force evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 September 1999, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  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.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting a change to applicant’s narrative reason for separation.  After reviewing the evidence of record we agree with the BCMR Medical Consultant who states that the applicant had no history of problems prior to entering the military that could conceivably relate to any such condition, and it appears that he suffered an injury that was acute and unrelated to any constitutional problem.  The Medical Consultant also states that a more appropriate action for the medical boards to have taken would have been to find the applicant unfit for further military service under provisions of AFI 36-3212 and AFI 48-123 and discharge him with a 10% disability for Right Sternoclavicular Joint Injury, VASRD Code 5203.  Since the applicant had less than six months of active duty, he is not eligible for separation pay.  In view of the foregoing, and in an effort to offset any possibility of an injustice, we recommend the applicant's records be corrected to the extent indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: 

	a.	On 21 July 1991, he was found unfit to perform the duties of his office, rank, grade or rating by reason of physical disability incurred while entitled to receive basic pay; that the diagnosis in his case was right sternoclavicular joint injury, VA code 5203, rated at 10 percent; that the disability may be permanent; that the disability was not due to intentional misconduct or willful neglect, that the disability was not incurred during a period of unauthorized absence; that the disability was not incurred during a period of national emergency; and that the disability was not received in line of duty as a direct result of armed conflict.

	b.	He was not discharged on 22 July 1991 under the provisions of AFR 39-10, for failure to meet physical standards for enlistment, but rather, he was discharged under the provisions of AFR 35-4, Disability/No Severance Pay, and issued a Reenlistment Eligibility (RE) code of “2Q” and a Separation Program Designator (SPD) Code of “JFP.” 

The following members of the Board considered this application in Executive Session on 30 November 1999, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 19 Mar 99, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, BCMR Medical Consultant, dated 10 Jun 99.
  Exhibit D.  Letter, AFPC/DPPD, dated 16 Aug 99.
  Exhibit E.  Letter, SAF/MIBR, dated 10 Sep 99.

		

AFBCMR 99-01140

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

		      a.  21 July 1991, he was found unfit 	to perform the duties of his office, rank, grade or rating by reason of physical disability incurred while entitled to receive basic pay; that the diagnosis in his case was right sternoclavicular joint injury, VA code 5203, rated at 10 percent; that the disability may be permanent; that the disability was not due to intentional misconduct or willful neglect, that the disability was not incurred during a period of unauthorized absence; that the disability was not incurred during a period of national emergency; and that the disability was not received in line of duty as a direct result of armed conflict..

		     b.  He was not discharged on 22 July 1991 under the provisions of AFR 39-10, for failure to meet physical standards for enlistment, but rather, he was discharged under the provisions of AFR 35-4, Disability/No Severance Pay, and issued a Reenlistment Eligibility (RE) code of “2Q” and a Separation Program Designator (SPD) Code of “JFP.”