RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02016
		INDEX NUMBER:  108.00
	XXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His honorable discharge from the Air Force be changed to a medical retirement.

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APPLICANT CONTENDS THAT:

At the time of his discharge, he was unable to perform his assigned military duties as an armament systems specialist.  At the time of his discharge from the hospital he was assigned duties working in the snack bar.

In support of his application, the applicant provides copies of rating decisions on his disabilities by the Department of Veterans Affairs (DVA).

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was involuntarily separated from service effective    19 Sep 97, while serving in the grade of E-4 with 9 years, 3 months, and 25 days of service.  The applicant was given a reenlistment eligibility (RE) code of “4D,” “Grade is Senior Airman or Sergeant, completed at least 9 years Total Active Federal Military Service (TAFMS), but fewer than 16 years TAFMS, and has not been selected for promotion to Staff Sergeant (E-5).”

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AIR FORCE EVALUATION:

The BCMR Medical consultant recommends denial of the applicant’s request.  The applicant was apparently involuntarily separated with an honorable discharge as a result of his nonselection for promotion to staff sergeant (E-5).  Six months prior to his separation, the applicant sustained numerous injuries in a motor vehicle accident, including rib fractures, a collapsed lung, pelvic fractures, and an ankle fracture.  Medical records indicate excellent recovery from these injuries.  There is no evidence in the medical record that indicates that applicant was not fit for continued duty at the time of his separation.

The mere presence of a physical defect or condition does not qualify a member for disability retirement or discharge.  To qualify for Air Force disability evaluation the physical defect or condition must render the member unfit for duty and their military career must have been cut short due to the service connected disability.  The applicant’s military career was not cut short by his medical problems, nor is there evidence in the record that the residuals of his injuries from his motor vehicle accident were unfitting for continued service.

Members in the process of separating or retiring are not placed on medical hold for disability evaluation of medical conditions.  Furthermore, when there has been no serious deterioration within the final 12 months of active service, the future ability to perform duty shall not be a consideration.  The applicant’s medical records show progressive satisfactory recovery from his motor vehicle injuries.  Of the several injuries he suffered, only his ankle injury is rated 10 percent by the DVA.  The DVA rated his back pain at 20 percent from the date of his separation, although there were no medical entries in his medical record going back several months before his separation.

Title 38, USC, which governs the DVA compensation system was written to allow awarding compensation ratings for conditions without regard to whether they were unfitting for military service.  

The complete evaluation is at Exhibit C.

AFPC/DPPD recommends denial of the applicant’s request.  The applicant underwent a separation physical on 27 Aug 97.  He was subsequently cleared for worldwide duty with no disqualifying physical profiles.  Military records do not reflect that he was incapable of reasonably performing his military duties.  This is confirmed in his last performance report, which praises his superior duty performance while deployed during the period of the report.

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 24 Dec 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 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 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-2003-02016 in Executive Session on 19 February 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 15 Sep 03.
    Exhibit D.  Memorandum, AFPC/DPPD, dated 19 Dec 03.
    Exhibit E.  Letter, SAF/MRBR, dated 24 Dec 03.