RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00577
		INDEX CODE:  108.02

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His voluntary length of service retirement be changed to a medical retirement.
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APPLICANT CONTENDS THAT:

He was retired while still on medication for a service connected medical condition.  His condition warranted referral into the disability evaluation system and medical retirement.  This condition still exists and requires lifelong medication and treatment.

In support of his request, the applicant submits a copy of a personal letter he sent to the Secretary of the Air Force, with attachments.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date is 10 February 1967.  His service history consists of enlistment in the Regular Air Force, Air National Guard (ANG) and Air Force Reserve.  During his tenure with the ANG (27 Aug 74 - 3 October 80), he was promoted to the permanent grade of senior master sergeant (E-8), Nevada ANG and Reserve of the Air Force, with an effective date and date of rank of 1 August 1979.  Following his separation from the ANG on 3 October 1980, he was transferred to the Air Force Reserve, Nonaffiliated Reserve Section (NARS).  On 26 August 1981, he was relieved from his NARS assignment and honorable discharged in the grade of E-8.  On 6 October 1981, the applicant enlisted in the Regular Air Force in the grade of master sergeant (E-7).

On 26 September 1988, the applicant requested voluntary retirement, with an effective date of 1 April 1989.  On 31 March 1989, he was relieved from active duty and retired in the grade of master sergeant (E-7) under the provisions of AFR 35-7 (voluntary--retirement for years of service established by law). He had completed a total of 22 years, 1 month and 21 days of active service for retirement and 24 years, 11 months and 21 days for basic pay.  Effective 10 February 1997, the applicant was advanced to the grade of senior master sergeant on the Air Force retired list based on the prior determination by the Secretary of the Air Force that the applicant had served satisfactorily in that grade and by reason of completing a total of 30 years of service.
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AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized the information contained in the applicant’s personnel and medical records and is of the opinion that no change in the applicant’s record is warranted.  Details of his evaluation are 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 12 October 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.  After a thorough review of the evidence of record and the applicant’s submission, we are unpersuaded his voluntary retirement for length of service should be changed to a disability retirement.  The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves sufficiently persuasive to override the rationale provided by the AFBCMR Medical Consultant.  We therefore adopt the rationale expressed by the AFBCMR Medical Consultant as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice.  In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing 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 2 December 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-00577.

   Exhibit A.  DD Form 149, dated 16 Feb 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 22 Sep 04.
   Exhibit D.  Letter, SAF/MRBR, dated 12 Oct 04.