RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03758
		INDEX NUMBER:  108.00
	XXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His medical records be reviewed to determine what level of disability he should receive.

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APPLICANT CONTENDS THAT:

Because he was geographically separated from his servicing military personnel flight (MPF), his medical records were not reviewed to determine the level of disability pay he should have been receiving since his retirement.  He has several chronic health problems that warrant disability payments.  In his records you will find a history of kidney stones, skin problems, foot problems requiring supports, knee problems, upper back pain, pre-cancerous cells on his face prior to retirement, right hip joint pain, as well as reflux disease.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force in 1978 and voluntarily retired in the grade of master sergeant (E-7) effective 1 Dec 00.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.  The applicant performed his duties during his career in an excellent manner, including his last year of service.  None of the various medical conditions he notes interfered with his excellent performance of duty.  Review of his medical record finds no condition that would have warranted evaluation in the disability system or prevented him from continuing to serve if he had so chosen.  For an individual to be considered unfit for military service, there must be a medical condition so severe that it prevents performance of any work commensurate with rank and experience.  The mere presence of a physical defect or condition does not qualify a member for disability retirement or discharge.  The physical defect or conditions must render the member unfit for duty, and their military career must have been cut short due to the service connected disability.  Members with an established separation or retirement date are presumed fit in the final 12 months of service unless a new, serious medical condition develops or there is a serious deterioration of an existing chronic condition.

The complete evaluation is at Exhibit C.

AFPC/DPPD recommends denial of the applicant’s request.  Medical records show that the applicant was treated for various medical conditions throughout his military career.  The preponderance of evidence does not show his career was curtailed or shortened as a result of an unfitting medical condition.  Military records clearly indicate he was capable of performing his military duties as a Digital Communications Manager right up until his retirement.  His military career ended as a result of his election to retire for years of service, not due to a medical condition.

DODI 1332.38 states that military members who have an approved retirement pending are under a rebutable presumption they are physically fit.  After completion of their assessment of this case, they were unable to find justification to recommend a disability retirement for the service member.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 9 Jun 03 for review and comment within 30 days.  To date a response has not been received.

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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 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 agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their 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 compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered Docket Number BC-2002-03758 in Executive Session on 20 August 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 16 Apr 03.
    Exhibit D.  Memorandum, AFPC/DPPD, dated 5 Jun 03.
    Exhibit E.  Letter, SAF/MRBR, dated 9 Jun 03.