RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03560 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be given a 15-year military retirement for medical reasons and be declared physically/mentally disqualified. _________________________________________________________________ APPLICANT CONTENDS THAT: He was initially told by a Reserve recruiter in Florida that he had a position for him. However, he was later told he was medically disqualified. He tried to obtain an Individual Mobilization Augmentee (IMA) position but was turned down. This all happened prior to November 2004, when his last enlistment expired. He has been diagnosed with a mental illness by the Department of Veterans Affairs (DVA). The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 18 Apr 85 and served for a period of 3 years, 11 months, and 13 days. He was honorably discharged on 31 Mar 89 under the Early Separation Program – Strength Reduction. On 1 Apr 89, he enlisted in the Air Force Reserve and was honorably discharged on 6 Nov 04. The available point credit summary contained in his records, dated 3 Jun 04, indicates that he completed a total of 13 years, 11 months, and 13 days of satisfactory military service from both the Regular Air Force and Air Force Reserve. On 18 Nov 88, the applicant declined a physical examination prior to his separation. His medical records were reviewed by medical personnel and it was determined that a physical for separation was not required and an occupational health examination was not required. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. He states the applicant has not achieved the requisite 15 satisfactory years of service to qualify for a retirement and has not met his burden of proof of an error or injustice. Service members who have achieved at least 15 years, but less than 20 satisfactory years of service may elect to receive a length of service retirement (with retired pay on reaching the age of 60) if found medically disqualified for military service. This policy was initially limited to those disqualifying medical conditions considered non-service incurred or aggravated, but now applies as an option for service members who have achieved 15 years, but less than 20, who have been found unfit for a service incurred or aggravated medical condition, when their disability rating falls short (less than a 30 percent rating) of eligibility for a medical retirement. In order for the applicant to otherwise qualify for a retirement “for medical reasons,” he must have demonstrated the inability to perform the duties of his office, grade, rank, and rating and be restricted to duty imposed as a result of an illness, injury, or functional impairment on an AF Form 422, Physical Profile Serial Report, of a sufficient duration and level of restriction that would trigger a Medical Evaluation Board and referral through the Military Disability Evaluation Board for a determination of his fitness to serve. Although the applicant reportedly has been diagnosed with benign muscular dystrophy, has undergone two surgeries of the right knee, reportedly experienced back and neck pain and a period of depressed mood, among other somatic complaints, there is insufficient evidence that either of these was or should have been the predominant cause for career termination such that it would qualify him for a retirement for medical reasons. The mere existence of a known medical condition does not automatically qualify a medical separation/retirement action. The complete BCMR Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant submitted additional medical documentation through his congressman. The applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ 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, including the additional medical documentation submitted through his congressman’s office, 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. _________________________________________________________________ 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 Docket Number BC- 2008-03560 in Executive Session on 23 February 2010, under the provisions of AFI 36-2603: Mr. XXXX, Panel Chair Ms. XXXX, Member Ms. XXXX, Member The following documentary evidence was considered for AFBCMR Docket Number BC-2008-03560: Exhibit A. DD Form 149, dated.23 Sep 09. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, BCMR Medical Consultant, dated 7 Jan 10. Exhibit D. Letter, SAF/MRBR, dated 7 Jan 10. Exhibit E. Congressional Inquiry, dated 1 Feb 10, w/atchs.