RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03675
		INDEX CODE:  108.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her records be corrected to reflect she was medically retired.

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APPLICANT CONTENDS THAT:

She was in an accident while on active duty.  She did not know she could be medically retired and had not researched her options at the time of her discharge.  She just found out she should have retired due to the injuries that prevented her from doing her job.

In support of her appeal, the applicant provided a copy of her separation document and documentation pertaining to her Department of Veterans Affairs (DVA) rating decision.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 10 Oct 90 for a period of four years in the grade of airman basic.

On 20 Dec 91, while about 25 weeks pregnant, the applicant was rear-ended in a motor vehicle accident by an automobile traveling approximately 40 miles per hour while she was at a standstill.

On 5 Jan 92, she was medically examined after complaining of lower back pain and discomfort while at bed rest.

On 20 Jan 92, she was hospitalized as a result of her premature labor. On 21 Feb 92, she gave birth to a son who was six weeks premature.

On 23 Mar 92, she requested she be separated from active duty on 6 May 92 for dependency/hardship, which was approved.

On 6 May 92, the applicant was honorably discharged under the provisions of AFR 39-10 (Hardship Reasons).  She was credited with 1 year, 6 months, and 27 days of active service.

A Department of Veterans Affairs (DVA) Rating Decision, dated 24 Sep 03, indicates the applicant was granted service-connected disability compensation for degenerative disc disease, lumbar spine, with limitation of motion (20 percent); degenerative disc disease, cervical spine, with mid cervical fracture and limitation of motion (20 percent); and, degenerative disc disease, thoracic spine, with limitation of motion (20 percent), for a total combined disability compensation rating of 50 percent.

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AIR FORCE EVALUATION:

The Medical Consultant recommended denial indicating the evidence of record did not show the applicant’s medical condition was unfitting at the time of her separation.  Arguing for the moment that it was, and the applicant was evaluated in the disability evaluation system leading to a finding of unfit, her condition would have rated no more than 10 percent and would not have qualified for a disability retirement.  According to the Medical Consultant, since the DVA deducts dollar for dollar the amount of any disability severance pay received from DVA benefits, no injustice occurred.  Disability occurring after separation does not make the applicant eligible for military disability compensation.  In his view, the action and disposition in this case were proper and equitable reflecting compliance with Air Force directives that implement the law, and no change in the records is warranted.

A complete copy of the 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 applicant on 8 Apr 04 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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 do not find it sufficient to override the rationale provided by the Medical Consultant.  Therefore, in the absence of evidence that at the time of her separation from active duty, the applicant was unfit to perform the duties of her rank and office, within the meaning of the law, we agree with the recommendation of the Medical Consultant and adopt his rationale as the basis for our decision the applicant has failed to sustain her burden of establishing she has suffered either an error or an injustice.  Accordingly, 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-2003-03675 in Executive Session on 18 May 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Medical Consultant, dated 22 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Apr 04.