RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-00950
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

The reason for discharge be changed from administrative separation for medical reasons to a disability retirement.

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APPLICANT CONTENDS THAT:

Her administrative discharge for medical reasons was improper and inequitable because the medical evaluation performed on her was not in compliance with existing criteria used to assess fitness for continued military duty or disability retirement.  Additionally, the recommendation for discharge without consideration for disability processing was inequitable because the existing medical condition was present at the time of her entrance into the US Air Force Reserve (USAFR), the USAFR was aware of her physical profile at all times, and based on the lack of consideration for her years of dedication and service.

Documentation submitted in support of her appeal included her personal statement, extracts of AFI 148-123 (Medical Examinations for Separation and Retirement); a copy of SF Form 88, Report of Medical Examination, dated 31 Mar 93, reflecting that she was qualified for worldwide service; extracts from her service medical records while on active duty and in the Air Force Reserve.  Her complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant had inactive enlisted service in the Air Force Reserve during the period 30 Dec 76 to 9 Feb 77.  She enlisted in the Regular Air Force on 10 Feb 77.  She was honorably discharged on 8 May 77 to accept a commission.  A 3 Mar 77 entry in the applicant’s medical records noted complaint of knee pain for about a week.

On 9 May 77, applicant was appointed a second lieutenant, Reserve of the Air Force, and ordered to extended active duty.  She was promoted to the Reserve grade of major effective 9 May 80.  A periodic physical conducted on 17 Jan 80, noted “1977, swollen and painful joints, right knee, treated with exercises.”  Applicant was found medically qualified for worldwide duty.

On 8 May 81, she was honorably released from active duty and transferred to the inactive Air Force Reserve.  She was reassigned to a participating Reserve category on 30 Aug 85, and was progressively promoted to the Reserve grade of major.

On 19 Jun 95, applicant was found medically disqualified for continued military service based on the diagnosis of Chondromalacia Patellas, Bilateral.  The HQ ARPC Surgeon recommended applicant for administrative discharge for medical reasons and stated she was not eligible for disability processing under the provisions of AFI 36-3212.

Applicant was transferred to the inactive Reserve effective 15 Aug 95.  On 26 Oct 95, she requested transfer to the Retired Reserve with an effective date of 31 Dec 95.

On 31 Dec 95, she was transferred to the Retired Reserve for physical disqualification from active duty, not result of misconduct, not eligible for retired pay at age 60 under 10 USC 1331.  She was credited with 14 years, 2 months, and 29 days of satisfactory Federal service.

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AIR FORCE EVALUATION:

HQ ARPC/SG reviewed this application and recommended denial to have her reason for discharge changed to a disability retirement.  They state in 1995, the Command Surgeon at HQ ARPC recommended an administrative discharge for medical reasons due to her diagnosis of chondromalacia, patella, bilaterally.  Her case was processed consistent with DOD, AF, and local policies at the time.  

They further state applicant’s diagnosis was not incurred in the line of duty nor aggravated by service that would be evidenced by an AF Form 348, Line of Duty Determination.

The purpose of a medical examination is to identify medical conditions requiring attention and to document current medical status (not to determine eligibility for physical disability separation or retirement) IAW AFI 48-123, 5.2.  Not having an SF 88, Physical Examination is not a basis for obtaining a disability retirement.  A Medical Evaluation Board (MEB) and the Informal Physical Evaluation Board (IPEB) reviews cases involving LOD related impairments.  AFI 44-157, para 1.1 states USAFR members must be entitled to a disability processing to undergo MEB processing.  Because the applicant’s medical diagnosis was not in the LOD, she was not entitled to disability processing.

Additionally, they recommend that the applicant be credited with 27 non-paid points, making her eligible for a Reserve Retirement under Title 10 USC, Section 12731b.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a response to the evaluation by letter dated 9 Dec 02.

In support of her appeal, she attached a copy of a letter from the Veterans Administration (VA).

Applicant’s complete response, with attachments, is at Exhibit E.

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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 error or injustice warranting disability retirement.  After reviewing the evidence of record, we are not persuaded that the applicant’s medical condition was incurred in the line of duty; therefore, she was not entitled to disability processing.  It appears, based on the evidence before this Board, that the applicant’s medical disqualification was processed in accordance with the applicable Air Force instruction.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend favorable action on her request for disability retirement.

4.  Notwithstanding the above findings, we believe that the applicant should be provided some form of relief.  In this respect, we note that the Air Force has recommended that the applicant receive a Reserve retirement under Title 10, USC, Section 12731b.  This provision of the law provides retired pay to members who are found medically disqualified for continued service and have completed at least 15 years, but less than 20 years of satisfactory service.  We note that this provision was signed into law in October 1994 and at the time of her disqualification, no formal process had been established.  While we are certain that the line of duty determination was correct, had the applicant appealed this decision she could have remained assigned to the Reserve and obtained sufficient service to qualify for Reserve retirement under the new law.  In view of the total circumstances surrounding this case and noting the recommendation of the Air Force, we recommend her record be amended to established eligibility for retired pay under Title 10, USC, Section 12731b.

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THE BOARD RECOMMENDS THAT:

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

     a. She was credited with 35 additional nonpaid inactive duty training (IDT) points during the Retirement Year Ending 8 May 1983, resulting in 50 total and retirement points and a satisfactory year of Federal service.

     b. On 31 December 1995, she was transferred to the Retired Reserve Section, awaiting pay, per Title 10, United States Code, Section 12731b.

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The following members of the Board considered AFBCMR Docket Number BC-2002-00950 in Executive Session on 2 July 2003, 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 28 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/SG, dated 6 Nov 02.
     Exhibit D.  Letter, SAF/MRBR, dated 15 Nov 02.
     Exhibit E.  Letter, Applicant, dated 9 Dec 02, w/atch.

                                   

AFBCMR BC-2002-00950

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. She was credited with 35 additional nonpaid inactive duty training (IDT) points during Retirement Year Ending 8 May 1983, resulting in 50 total and retirement points and a satisfactory year of Federal service.

		b. On 31 December 1995, she was transferred to the Retired Reserve Section, awaiting pay, per Title 10, United States Code, Section 12731b.