RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-01972
		INDEX NUMBER:  108.00
		COUNSEL:  NONE

		HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  17 Dec 06

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APPLICANT REQUESTS THAT:

His discharge and assignment to the Retired Reserve be changed to a disability retirement.

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APPLICANT CONTENDS THAT:

He was discharged from the Air National Guard and found medically unfit for further service without the benefit of a medical evaluation board (MEB).

In support of his appeal, applicant provides a copy of his report of separation, copies of a DD Form 214s, a copy of his discharge orders, and extracts from his medical records.

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

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STATEMENT OF FACTS:

The applicant, a master sergeant (MSgt) in the Air National Guard was found medically unfit as a result of a physical examination conducted in March 2002.  He was certified medically disqualified by ANG/SGPS on 13 May 02 for worldwide duty due to history of chronic lumbar spondylosis with restrictions.  The applicant was discharged from the Air National Guard on 10 Jul 02.  He was subsequently transferred to the Retired Reserve on 12 Jul 02 with 27 years, 9 months, and 10 days of total service with entitlement to retired pay at attainment of age 60, which would be on       29 November 2015.  Additional facts pertaining to the applicant’s request are contained in the evaluation prepared by the BCMR Medical Consultant found at Exhibit C.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.  The applicant was medically disqualified for continued service in the ANG in 2002 due to chronic cervical spine and lumbar spine conditions caused by non-duty related motor vehicle accidents in May 2000 and June 2001.  There is no documentary evidence that military duty caused or permanently aggravated his conditions beyond their natural progression.  The applicant did experience a bout of viral hepatitis in 1975 while on active duty, but recovered without complication, and evaluation over   20 years later showed no evidence of chronic liver disease.

The Military Disability Evaluation System, established to maintain a fit and vital fighting force, can by law under Title 10 only offer compensation for service incurred diseases or injuries, which specifically rendered a member unfit for continued active service, were the cause for termination of their career, and then only for the degree of impairment present at the time of separation and not based on future possibilities.  

The applicant cites Title 38 as a basis for correction of his military records.  However, Title 38 is the law governing disability evaluation and compensation by the Department of Veterans Affairs (DVA) and has no application to the military disability evaluation system.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluations, the applicant discusses the medical conditions he is seeking disability retirement for.  He notes that he joined the Air National Guard two years after his separation from active duty in 1983 and that they had knowledge of the fact he had hepatitis and that it is duly noted in his military records.  He states on 12 Jul 02, he was medically disqualified for further military service by the ANG due to a cervical spine injury suffered in his civilian occupation that was aggravated by military service.  He was told to go the DVA to apply for benefits for both his active duty and Reserve service, but has had no success.  He was recently notified that his request for a disability rating was denied due to no physical or medical evidence from the AFBCMR.  He states he has over 400 pieces of medical information, discharge papers, etc to support his claim, but no one seems to be able to evaluate it.

The applicant’s complete response is at Exhibit E.

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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 timely filed.

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.

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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-2005-01972 in Executive Session on 20 September 2006, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jun 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 8 Aug 06.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Aug 06.
    Exhibit E.  Letter, Applicant, dated 5 Sep 06.

                                   
                                   Panel Chair