RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01933
		INDEX CODE:  108.00
	XXXXXXXXXXXXXXXXXXXX	COUNSEL:  
	XXXXXXXXXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her voluntary discharge from active duty and subsequent transfer to the Air Force Reserve be set aside and she be awarded a disability retirement under the provisions of AFI 36-3212.  

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APPLICANT CONTENDS THAT:

At the time of her discharge from active duty, she was being treated for Hepatitis C, Irritable Bowel Syndrome, and a back condition, which should qualify her for a medical retirement.  The Department of Veterans Affairs (DVA) rated her at a combined disability rating of 70%.  

The applicant provided no documentation in support of her application.  The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 18 May 1984, the applicant was appointed a second lieutenant, Reserve of the Air Force (ResAF), and entered active duty on 21 August 1994 at the age of 37.  She served as a clinical nurse and was progressively promoted to the grade of captain (O-3) with an effective date and a date of rank of 4 July 1998.  During the combined rating period from 24 February 1995 through 12 February 2000, the applicant received six officer performance reports, in which she was rated “Meets Standards” in all performance factors.

On 1 February 2001, the applicant was voluntarily released from active duty under the Special Separation Bonus (SSB) Early Separation Program receiving a $42,231.14 separation bonus.  She served 6 years, 5 months, and 11 days on active duty.  

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C and D. 

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the applicant’s records is warranted.  The BCMR Medical Consultant states that at the time of the applicant’s separation medical examination, she was medically qualified for continued worldwide duty.  Review of her medical records confirms that the applicant experienced back pain throughout her period of active duty and was also diagnosed and treated for irritable bowel syndrome.  There is no evidence that either of these conditions interfered with her performance of duty.  There is no documentation in her service medical record that indicates she was diagnosed or treated for Hepatitis C.  At the time of her medical separation exam on 4 January 2001, there was no finding of a medical condition that would have warranted evaluation in the Air Force Disability System.  The applicant indicates that since her discharge, the DVA granted her service-connected disability at 70%.  

It is the BCMR Medical Consultant’s opinion that action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.  The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPD recommends denial of the applicant’s request.  DPPD states that the applicant has not submitted any material or documentation to show an injustice or error occurred during her voluntary separation.  After an assessment of the applicant’s records, they find no errors or irregularities during her discharge under the SSB early release program.  The medical aspects of this case are explained in the BCMR Medical Consultant’s advisory and DPPD wholeheartedly agrees with his comments and recommendation.  The DPPD evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 February 2004, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days.  As of this date, this office has received no response. 

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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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and do not find that it supports a determination that the applicant was improperly released from active duty when she elected to be voluntarily released under the Early Separation Program, accepted a Special Separation Bonus and subsequently transferred to the Air Force Reserve.  In order for a member to be retired by reason of physical disability, by law, it must be established that the member is unfit to perform the duties of his or her office and grade in such a manner as to reasonably fulfill the purpose of their employment on active duty.  Neither does the record reveal nor has the applicant provided any evidence that would lead us to believe that she was physically unfit within the meaning of the governing regulation, which implements the law.  In view of the above and absent persuasive evidence that the applicant was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied, we agree with the opinions and recommendations of the BCMR Medical Consultant and the appropriate Air Force office and adopt their conclusions as our findings in the case.  Therefore, applicant's request is not favorably considered.

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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 this application in Executive Session on 13 April 2004, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2003-01933 was considered:

	Exhibit A.  DD Form 149, dated 27 May 03.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, BCMR Medical Consultant, dated 21 Nov 03.
	Exhibit D.  Letter, AFPC/DPPD, dated 30 Jan 04.
	Exhibit E.  Letter, SAF/MRBR, dated 6 Feb 04.