RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02007
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Her type of discharge be changed from an administrative discharge due to physical disqualification to a permanent medical discharge.

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APPLICANT CONTENDS THAT:

Her doctor stated that her disability was undetermined with restrictions.  She was never taken off Profile 4 or given the chance to perform in a light duty capacity.  Her doctor has since determined her physical restrictions are permanent as of 15 February 2000 and therefore affects her livelihood and employment potential.

In support of her appeal, applicant has provided copies of a letter from her neurologist, a decision from the Waco, TX Veterans Administration (VA) regional office, a Functional Capacity evaluation, an Impairment evaluation, results of a Magnetic Resonance Image (MRI) test, a letter from the US Department of Labor to applicant’s Reserve unit, a personal letter to her Reserve unit, and two letters from her neurologist.

Applicant'scomplete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 19 April 1996, the applicant was injured on the job while a civilian air reserve technician (ART) serving as an aircraft mechanic with the --th Fighter Squadron.  On 19 April 1996, she injured her back lifting an aircraft tow bar.  On 29 October 1996, she underwent a lumbar laminectomy and discectomy for a herniated disc.  She was subsequently the subject of a Physical Profile Serial Report (dated 26 Feb 97) wherein she was deemed not qualified for deployment and not qualified for reassignment.  She was placed on a “4” Profile that prohibited her from participating in the Reserve program for pay or points.  She was notified that AFRES/SGP would make the final determination on her medical qualifications for continued military duty.  On 17 October 1997, she was given the opportunity to choose between a referral to the Informal Physical Evaluation Board (IPEB) solely for fitness determination or to not be referred to the IPEB.  She chose to not be referred to the IPEB and concurrently indicated her understanding that, in the event she was found medically disqualified for worldwide duty, she would either apply for retirement or be administratively separated.  She was transferred to the Retired Reserve on 8 April 1998.  On 6 July 1998, she was informed by ARPC/DPKB she had completed the required years of service to qualify for a Reserve retirement at age 60.

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AIR FORCE EVALUATION:

AFRC/DPZ recommends denial.  The applicant was subject to administrative discharge due to her physical disqualification, a discharge that is essentially a permanent medical discharge.  She elected to retire in lieu of the administrative discharge.  The applicant has not provided any documentation to support the discharge action she elected was not valid.

DPZ’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant refers to AFRC/DPM memorandum dated 13 Jan 1998 (Attachment 1 of rebuttal), paragraph 4 that states if the applicant did not elect “early retirement” she would not be eligible to receive any retirement or medical benefits until age 60.  She contends no person or office counseled her regarding her “rights and options following a medical disqualification,” or concerning the differences between an “administrative discharge” or “early retirement” as proposed by Attachment 2 of her rebuttal, a memorandum from AFRC/SGPA, dated 10 November 1997.  She was never given the opportunity to choose a “medical discharge with military compensation.”  She therefore asks the Board to consider changing her permanent military record from “Retired Reserve” to “Medical Discharge with Compensation.”

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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.  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 adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant ultimately elected to be retired with a Reserve retirement at age 60 in lieu of administrative discharge based on physical disqualification.  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 AFBCMR Docket Number BC-2003-02007 in Executive Session on 28 October 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jun 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/DPZ, dated 11 Sep 03.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Sep 03.
    Exhibit E.  Letter, Applicant, dated 9 Oct 03, w/atchs.