RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-00725 INDEX CODE:	108.00

COUNSEL:	NONE HEARING DESIRED: YES

APPLICANT REQUESTS THAT:
Her records be corrected to show that she was permanently retired by reason of physical disability.

APPLICANT CONTENDS THAT:
She sustained injuries during her New York Army National Guard (NYARNG) Annual Training (AT) in 2002 and during a deployment with the NYARNG to participate in Operation IRAQI/ENDURING FREEDOM. She then aggravated her initial injuries during a 13-day cleanup effort at the World Trade Center. She further aggravated her injuries during a deployment from 2003 to 2004.

In support of her appeal, the applicant has provided copies of her National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service, a DD Form 293, Application for Review of Discharge or Dismissal from the Armed Forces of the United States, her driver’s license, and various parts of her medical record.

Applicant’s complete submission is attached.

STATEMENT OF FACTS:
Although the applicant has over 18 years of total service for pay, she joined the New York Air National Guard (NYANG) on
14 January 2005 in the grade of staff sergeant and served in the NYANG only one year. She was honorably discharged from the NYANG on 13 January 2006 due to Hardship in accordance with Air Force Instruction (AFI) 36-3209. She is considered eligible for reenlistment.

AIR FORCE EVALUATION:
This application was sent to the Air Reserve Personnel Center (ARPC) on 11 April 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 timely filed.
3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant has not provided evidence showing she was treated for an injury or disability of any type while she was a member of the ANG nor has she shown that she was being considered by the ANG for Disability Evaluation System (DES) processing prior to her hardship discharge. While the Department of Veterans Affairs (DVA) has granted her 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 she has been correctly considered under Title 38 by the DVA and has not shown by a preponderance of the evidence that she either was or should have been considered for DES processing under Title 10 while she was an active service member, we find no basis to recommend granting the relief requested.

4.	The applicant has not shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered.

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 AFBCMR Docket Number BC-2008-00725 in Executive Session on 15 April 2009, under the provisions of AFI 36-2603:

Chair Member
Member
The following documentary evidence was considered: Exhibit. DD Form 149, dated 3 March 2008, w/atchs.