RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-00804
INDEX CODE:  108.00
	XXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

Her military records be corrected to show she was medically discharged because of service connected injuries.

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APPLICANT CONTENDS THAT:

Her back condition warranted referral into the Air Force Disability Evaluation System for disability compensation.  Her requests to have a medical board review were ignored until her discharge for completion of service on 9 April 1999.  She filed a claim with the Department of Veterans Affairs (DVA) in 2002; however, her request for compensation was denied.

In support of her application, the applicant provides e-mail from the Air Force Physical Disability Division informing her of her right to appeal to the Air Force Board for Corrections of Military Records.  The applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

According to the available military records, the applicant was appointed a first lieutenant (O-2) Reserve of the Air Force on 10 April 1995, at the age of 42, as an OB/GYN Nurse Practitioner.  She was promoted to the grade of captain (O-3) effective 4 April 1996.  

After developing chronic low back pain, the applicant underwent spine surgery including decompressing laminectomy and fusion for spondylolisthesis at L5-S1, on 19 January 1999 (three months prior to her separation).  Following her surgery, the applicant was placed on medical hold until full recovery and the doctor release from medical hold.  According to a letter from her Neurosurgeon, dated 12 March 1999, the applicant’s recovery was progressing as expected with an estimation recovery period of four to six months.  His recommendation was to give the applicant the option to extend her service time until her recovery was reasonably complete.  

There is no indication in the records when the applicant was released from medical hold; however, on 9 April 1999, the applicant was released from active duty for completion of required service.  She served four years on active duty.  On 1 October 2003, the applicant was honorably discharged from all appointments in the Air Force.  

According to the DVA, the applicant’s claim has not been finalized as of 1 December 2004; therefore she is not receiving a DVA compensation award yet. 

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the applicant’s records is warranted.  The BCMR Medical Consultant states that the evidence of record indicates the applicant recovered from her back surgery and returned to work.  A referral for MEB was not indicated.  Had she not separated in April 1999, she would have returned to full duty.  

It is the opinion of the BCMR Medical Consultant that action and disposition in this case were 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 31 August 2004, for review and comment within 30 days (Exhibit D).  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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and do not find that it supports a determination that the applicant was improperly separated from active duty in 1999.  We note that on 12 March 1999, the attending physician indicated that the applicant’s recovery was progressing as expected with an estimation recovery period of four to six months.  His recommendation was to give the applicant the option to extend her service time until her recovery was reasonably complete.  The next available evidence indicates the applicant was released from active duty for completion of required service, not because of her medical condition.  In order for a member to be retired by reason of physical disability, by law, it must be established that the member is unfit to perform the duties of his or her office and grade in such a manner as to reasonably fulfill the purpose of their employment on active duty.  Neither does the record reveal nor has the applicant provided any evidence that would lead us to believe that she was physically unfit within the meaning of the governing regulation, which implements the law.  In fact, we note she was able to return to employment as a nurse upon her discharge.  In view of the above and absent persuasive evidence that the applicant was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as our finding in this case.  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 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 14 December 2004, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number BC-2004-00804 was considered:

	Exhibit A.  DD Form 149, dated 15 Feb 04.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, BCMR Medical Consultant, dated 16 Aug 04.
	Exhibit D.  Letter, SAF/MRBR, dated 31 Aug 04.