RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04601 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be granted a disability retirement or be granted a three year extension in the Individual Ready Reserve (IRR) to become retirement eligible. ________________________________________________________________ APPLICANT CONTENDS THAT: His service connected disability is associated with his exposure to asbestos for 12 years while performing duties as a Hull Maintenance Technician in the United States Navy. He had 17 years and 6 months towards retirement when he was honorably discharged due to a medical condition (running) and later transferred to the IRR. He needed 18 years to apply for a disability retirement. However, he was erroneously advised that he could not earn points towards retirement as a participant of the IRR by completing course work. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air National Guard (ANG) on 1 September 2006 as a prior-service member. On 9 September 2007, the applicant was not medically cleared for the step assessment, crunch assessment, push-up assessment, flexibility assessment or exercise. His medical waiver was effective for six months. On 3 August 2008, the applicant was not medically cleared for the 1.5 mile time run, crunch assessment, push-up assessment, or exercise. He was medially cleared for the step assessment and flexibility assessment. His medical waiver was effective for six months. On 3 May 2009, the applicant participated in a fitness assessment and attained a composite score of 33.75, which constituted a poor fitness level. He received a Letter of Counseling for failure to complete the fitness test for the second time. On 9 May 2009, the applicant was discharged from the California ANG and transferred to the Non-Participating Ready Personnel Section (NNRPS). The authority and reason for his separation was AFI 36-3209, Separation and Retirement Procedures for ANG and Air Force Reserve Airmen, Paragraph 3.12.8, Resignation for Own Convenience. He was credited with 17 years, 2 months, and 9 days of total reserve service. On 31 August 2012, the applicant was relieved from his NNRPS assignment and furnished an honorable discharge from the Air Force Reserve. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force office of primary responsibility and the AFBCMR Medical Consultant which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/FSSE recommends denial, indicating there is no evidence of an error or injustice. Contrary to the applicant’s assertions, his reassignment as a non-participating IRR prohibited his eligibility to earn satisfactory federal service years and quality him for retirement. In accordance with Air Force Instruction 36-2254, volume 1, Reserve Personnel Participation, table 2.2, awarding points for education is not allowed for members assigned to NNRPS. The applicant’s belief of an injustice regarding not being told he could earn points for good years in the IRR by doing course work has not been validated. A complete copy of the ARPC/FSSE evaluation is at Exhibit C. The BCMR Medical Consultant recommends denial of the applicant’s request for a disability retirement. The military Disability Evaluation System (DES) was established to maintain a fit and vital fighting force. By law, the DES can only offer compensation for those service incurred diseases or injuries which specifically render a member unfit for continued service and were the cause for career termination. Service members are considered unfit when the evidence establishes that a member, due to physical disability, is unable to reasonably perform the duties of his or her office, grade, rank, to include duties during a remaining period of Reserve obligation. In this case, there were no medical records, to include an AF Form 469, Duty Limiting Condition Report, or an AF Form 422, Physical Profile Serial Report, to substantiate a physical disqualification which warranted a disability retirement. Also, it was not established that the applicant was unable to reasonably perform his military duties due to one or more medical conditions during his military service. As such, his discharge was consistent with the procedural and substantive requirements for the existing discharge regulation. The applicant submitted the results of two medical tests which were performed after his separation from the Air National Guard. Both tests, which were also non- specific, did not substantiate an unfitting condition. The case file does not contain medical evidence which shows an effect or causal relationship with the termination of the applicant’s service or as an alternative reason for his release from military service. The applicant’s records revealed fitness assessment restrictions; however, he received several evaluations and memorandums that showed he failed to maintain standards in accordance with Air National Guard Instruction (ANGI) 10-248, Air National Guard Fitness Program, during the period of September 2007 through May 2009. This instruction authorizes unit commander’s to take administrative action against members that have a composite score less than 75 for greater than 180 days and each subsequent composite score less than 75 if the member shows no sign of improvement. In this case, the applicant transferred to the IRR (Individual Ready Reserves) in lieu of an administrative discharge because he was not physically qualified to perform his drill and showed no signs of improvement in his waist measurement. The Department of Veterans Affairs (DVA) operates under Title 38 and is authorized to provide continuing medical care and assistance to all eligible veterans. The DVA is empowered to periodically re-evaluate veterans for the purpose of adjusting the disability rating should the applicant’s degree of impairment vary over time. Therefore, the applicant is encouraged to utilize the resources of the DVA to the extent that he may be entitled. A complete copy of the BCMR Medical Consultant’s evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates his argument that he has sustained military service connected disabilities. As a result of these disabilities he is currently receiving supplemental security income (SSI) payments. Although he performed his duties while serving in the military, he was unable to run well because of his exposure to asbestos. The corroboration of his medical records, statements of support, and team of medical specialist’s opinions will establish that his service connected disabilities began prior to his discharge from the Air Force National Guard. He did not report his injury to his back and head because he was concerned that he would be found unfit to serve. He is currently willing to accept a non-paid disability retirement just to be able to provide his wife and daughters base privileges and health insurance. A complete copy of the applicant’s response is at Exhibit E and Exhibit F. ________________________________________________________________ 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 an error or injustice. We took notice of the applicant’s complete submission, including his rebuttal responses, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and AFBCMR Medical Consultant and adopt their 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2012-04601 in Executive Session on 9 July 2013 and on 1 August 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-04601 was considered: Exhibit A. DD Form 149, dated 28 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/FSSE, dated 4 Jan 13. Exhibit D. Letter, BCMR Medical Consultant, dated 4 Jan 13. Exhibit E. Letter, Applicant, dated 12 Apr 13. Exhibit F. Letter, Applicant, dated 12 Jul 13.