RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00826 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His honorable discharge be changed to a medical retirement. _________________________________________________________________ APPLICANT CONTENDS THAT: On 4 Dec 91, he reported his back injury; however, no x-rays or magnetic resonance imaging (MRI) was accomplished. He applied for an early separation physical on three occasions; however, his requests were denied. Had he been given a physical, it would have been discovered he was seriously injured prior to his separation. He was not aware that a medical retirement was an option. He joined the Air National Guard (ANG) and was released due to the Department of Veterans Affairs (DVA) ruling of a 30 percent disability, which made him unqualified for worldwide duty because of his back injury. In support of the request, the applicant provides The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 13 Aug 79, the applicant entered the Regular Air Force. He was voluntarily and honorably separated on 30 Apr 92 for miscellaneous reasons. Records of the applicant’s service in the Alaska Air National Guard are unavailable. Available records reflect the applicant was selected for a full- time position upon his separation from military service. On 23 Jan 92, the applicant submitted and received his commander’s approval of an AF Form 31, Airman’s Request for Early Separation/Separation Based on Change in Service Obligation, in order to accept the full-time employment offer. Other relevant facts pertaining to this application are contained in the BCMR Medical Consultant’s evaluation, which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. He states the applicant has not met his burden of proof of an error or injustice and no evidence was supplied to show that an illness or injury interfered with the applicant’s ability to perform military service. Further, documentation shows the applicant requested and was granted early release from military service in order to pursue a civilian job opportunity. The BCMR Medical Consultant states that the mere presence of a medical condition does not automatically qualify a member for a disability separation or retirement. The applicant has shown no evidence of a physical impairment during service or at the time of separation that warranted establishment of a medical hold for further evaluation and processing through the Disability Evaluation System. Further, the DVA is authorized to offer care and compensation for any medical condition determined service incurred, without regard to its impact upon a member’s retainability, fitness to serve, or the reason for separation. The complete BCMR Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He requested a separation physical for his feet, ankles, and knees in early February 1992 and it was a mutual understanding between him and the Military Personnel Flight (MPF) personnel that he could request a full physical. He recalls discussing his separation physical requests with the hospital staff prior to his separation. He was allowed to join the Fairbanks ANG and a year later, he transferred to the Anchorage ANG. His separation from the Alaska ANG was conducted informally and voluntarily because he was receiving a pension from the DVA as a result of prior service. In 1993, he elected to receive pay and allowances for the performance of active/inactive duty in lieu of his DVA benefits, causing him a great financial burden. He advised Alaska ANG personnel of his back injury and of his DVA rating. However, he was designated as not eligible for worldwide duty. He believes that if the Air Force had given him a full physical, he would have been found medically disabled on the same grounds and merits as the then Kulius Alaska ANG found him. The applicant’s complete submission 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 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 the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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-2010-00826 in Executive Session on 25 January 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered for Docket Number BC-2010-00826: Exhibit A. DD Form 149, dated 26 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dated 30 Nov 10. Exhibit D. Letter, SAF/MRBR, dated 3 Dec 10. Exhibit E. Letter, Applicant, dated 21 Dec 10.