RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02350

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His honorable discharge be changed to a medical retirement.

APPLICANT CONTENDS THAT:

The Department of Veterans Affairs (DVA) has awarded him a combined compensable disability rating of 70 percent.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

On 29 Sep 99, the applicant commenced his enlistment in the Regular Air Force.

On 24 Sep 14, the applicant was furnished an honorable discharge, with a narration reason for separation of Reduction in Force.  He was credited with 14 years, 11 months, and 26 days of active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.  

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends denial indicating there is no evidence of an error or an injustice.  The evidence provided does not support a medical retirement.  The applicant while serving on active duty was seen and treated for a variety of medical conditions, none which were found to be unfitting for military service or prevented him from performing duty.  The presence of medical conditions considered to be service connected does not necessarily translate to the same conditions being unfitting for continued military service.  The criteria for medical retirement includes reaching a combined compensable disability rating of at least 30 percent due to unfitting medical conditions that preclude the satisfactory performance of duty commensurate with the member’s position, title, rank, and Air Force Specialty Code (AFSC).  A review of the medical documentation resulted in the determination that there is insufficient compelling evidence that any of the service connected conditions reached the level of being unfitting at the time of the applicant’s military service.

The Military Department, which operates under Title 10, United States Code (U.S.C.), the DVA, operating under a different set of laws, Title 38, U.S.C., is authorized to offer compensation for any medical condition found service-incurred or permanently aggravated, without regard to its proven or demonstrated effect upon a former service member’s retainability, deployability, or fitness to serve.  This is the reason an individual can be released from military service due to one reason, and yet receive disability compensation from the DVA for conditions that were service-connected, but were not militarily unfitting at the “snapshot” time of release from military service.

A complete copy of the AFBCMR Medical Consultant’s evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 12 Jan 17, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS 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-2016-02350 in Executive Session on 27 Jul 17, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02350 was considered:

	Exhibit A.  DD Form 149, dated 6 Jun 17, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFBCMR Medical Consultant,
  dated 24 Oct 16.
	Exhibit D.  Letter, SAF/MRBR, dated 12 Jan 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.