RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-01768
		INDEX NUMBER: 100.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  7 DEC 05

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was retired by reason of physical disability in the grade of master sergeant (E-7).

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APPLICANT CONTENDS THAT:

He should have been medically retired since his service-connected disability interferes with his ability to obtain civilian employment.

In support of the appeal, applicant submits extracts from his Department of Veterans Affairs (DVA) records, to include a 17 January 1992 Veterans Administration (VA) rating decision.

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

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 15 January 1963.  He was released from active duty in the grade of airman first class (E-4) on 13 January 1967, and transferred to the inactive Reserve, after serving 3 years, 11 months, and 29 days of active duty.  On 31 August 1979, he enlisted in the Air Force Reserve in the grade of E-4.  He was honorably discharged from the Air Force Reserve on 9 February 1987, in the grade of master sergeant (E-7), for expiration of term of service (ETS).  He completed 11 years, 5 months, and 7 days of satisfactory service.

On 17 January 1992, the DVA awarded him a combined compensable disability rating of 30% for low back strain with herniated pulposus, post operative laminectomy at L-5-S1, sinusitis, allergic rhinitis, atopic asthma, and healed fracture of right ankle.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the records is warranted.  The BCMR Medical Consultant states, in part, that applicant’s service medical records for the period 1963 through 1967 show that his medical conditions did not interfere with military duty and did not warrant referral into the disability evaluation system.  In addition, his service medical records and DVA records contain no evidence of aggravation of his medical conditions by military service.  To the contrary, he received a superior enlisted performance report (EPR) five months prior to his discharge from the Reserve.  The DVA operates under a totally separate system with a different statutory basis.  The DVA rates for any and all service-connected conditions, to the degree they interfere with future employability, without consideration of fitness.  Whereas, the Air Force rates a member's disability based on the degree of severity at the time of separation. 

The BCMR Medical Consultant evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

While assigned to Thailand, he developed South East Asian Asthma and currently suffers from severe chronic respiratory problems, which frequently require his hospitalization.

Applicant’s complete response is at Exhibit G.

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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 opinion and recommendation of the BCMR Medical Consultant and adopt his 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.

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 Docket Number BC-2004-01768 in Executive Session on 23 June 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 May 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 2 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 5 May 05.
    Exhibit E.  Letter, Applicant, dated 11 May 05.
    Exhibit F.  Letter, AFBCMR, dated 19 May 05.
    Exhibit G.  Letter, Applicant, dated 31 May 05.