RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00572 INDEX CODE: 108.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His records be corrected to reflect that he was medically retired rather than discharged. ________________________________________________________________ _ APPLICANT CONTENDS THAT: The Veteran’s Administration raised his disability percentage from 30% to 50%. At the time he separated, there was no medical retirement available for a guard member. He was told it would be useless for him to pursue a medical disqualification and that it would be easier for him to resign. The Air National Guard (ANG) now has a retirement for medically disqualified members who have at least 15 years of satisfactory service. As he has over 17 years of service, he feels his records should be changed to reflect a medical retirement. In support of his appeal, the applicant has provided a copy of the Department of Veterans Affairs (DVA) Rating Decision. Applicant’s complete submission is attached. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is a former member of the West Virginia Air National Guard (WVANG), the Air Force, and the Marine Corps. ________________________________________________________________ _ AIR FORCE EVALUATION: This application was sent to the NGB on 5 February 2008 for an advisory opinion on the merits of the case. They have thus far failed to provide one. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has not 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 note that the applicant has not provided any evidence to support his request for relief such as personnel records that show his length of service or discharge documentation that might support his claim. Additionally, the applicant has not provided evidence showing he was treated for an injury or disability of any type while he was a service member nor has he shown that he was being considered by the ANG for Disability Evaluation System (DES) processing prior to his discharge. While the DVA has granted him a percentage of disability, we note that the DVA is governed by Title 38, United States Code (USC) and those active service members being considered for disabling conditions are considered under Title 10, USC. The two systems are separate and unique. As he has been correctly considered under Title 38 by the DVA and has not shown by a preponderance of the evidence that he either was or should have been considered for DES processing under Title 10 while he was an active service member, we find no basis to recommend granting the relief requested. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered BC-2008-00572 in Executive Session on 15 April 2009, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXX, Chair XXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXX, Member The following documentary evidence with regard to AFBCMR Docket Number BC-2008-00572 was considered: Exhibit. DD Form 149, dated 5 February 2008, w/atch.