RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  03-03221
		INDEX CODE:  110.02
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was medically retired.  

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APPLICANT CONTENDS THAT:

The complication he currently has dates back to when he was on active duty.  His enlistment ended prior to military medical doctors determining his ailment.  Through an evaluation by the Veteran’s Administration it was determined that he was suffering from Chronic Obstructive Pulmonary Disease.  He served his country proudly for four years and suffered through multiple tests during his last year of duty.  

Applicant submits no supporting documentation.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 28 June 1995, the applicant enlisted in the Regular Air Force.  He was progressively promoted to the grade of senior airman.  He received two Enlisted Performance Reports (EPRs) closing 27 February 1997 and 4 April 1998, in which the overall ratings were 5.  On 27 June 1999, he voluntarily separated due to completion of required active service, having served 4 years in the Regular Air Force.  After having been released from active duty, he was transferred to the Air Force Reserve for completion of his military service obligation, which occurred on 9 February 2003.   

On 21 April 1999, the applicant elected to have a medical examination upon separation.  On this same date, military medical authorities reviewed his medical records and determined that a physical examination was not required.

Documents provided by the Department of Veterans Affairs (DVA) indicate that the applicant filed an application for compensation or pension on 22 June 1999, listing various alleged disabilities.  There is no record of the final disposition of this claim.

The remaining relevant medical facts pertaining to this application, extracted from the applicant’s military medical records, are contained in the letter prepared by the BCMR Medical Consultant at Exhibit C.  
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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied.  The BCMR Medical Consultant states that a review of his service medical record finds no evidence that the applicant should have been placed on medical hold and referred for evaluation in the disability evaluation system.  Although he had some health concerns in the final eight months of service, there was no indication that he was unable to perform his duties and that the symptoms represented an illness that should have prompted referral for a Medical Evaluation Board.  The Medical Consultant advises that the 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.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 March 2004 for review and response.  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 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.  Evidence has not been presented which would lead us to believe that the applicant’s release from active duty by reason of completion of required service was improper or contrary to the provisions of the governing instructions, which implement the law.  In order for the applicant to qualify for disability processing, it was necessary that medical authorities determine that his fitness for worldwide duty was questionable.  The applicant’s medical records indicate that approximately eight months prior to his release from active duty, he had some health concerns; however, there was no indication that he was unable to perform his duties.  It may be true that the applicant is receiving medical treatment by the DVA, as he alleges, or compensation for service-connected conditions, which has not been shown by the evidence.  However, these factors, alone, do not substantiate that the applicant was unfit to perform the duties of his rank, office or grade at the time of his separation because of physical disability, as required by the law.  In view of the above, we agree with the assessment of this case by the Medical Consultant and find that the applicant has not sustained his burden for providing a showing of error or injustice.  Accordingly, the 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 probable 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, AFBCMR Docket No. BC-2003-03221, in Executive Session on 11 May 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Sep 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, 8 Mar 04.
	Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.