RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04403

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Her miscellaneous discharge be change to medical.  

APPLICANT CONTENDS THAT:

She should have been medically separated since she received a 40 percent disability rating from the Department of Veterans Affairs (DVA).  She needs the record changed so that she can receive her Montgomery GI Bill (MGIB) benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 10 Dec 13, the applicant fell on the ice and struck her head without losing consciousness.  

On 2 Sep 14, HQ PACAF/SPGA permanently disqualified the applicant from flying duty.

On 5 Oct 14, the applicant applied for voluntary separation.  

On 17 Nov 14, the applicant’s commander recommended she be approved to voluntarily separate noting the applicant was medically disqualified for flying but given the option to retrain into a new career field or administratively separate.   

On 19 Dec 14, the applicant was honorably discharged with one year, seven months and six days of active service and a “Miscellaneous/General Reasons” narrative reason for separation.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibit C and D.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application finding no evidence of an error or injustice in the discharge processing.  The separation code and corresponding narrative reason for separation are correct in accordance with the applicant’s voluntary request for separation.  The applicant was disqualified from her career field due to no longer meeting Flying Class II physical standards.  As a result, she was given the option to either retrain into another career field or request separation under miscellaneous reasons and chose separation. AFPC/DP2STM does not make a recommendation for the applicant’s request for a medical discharge as it falls within the purview of another office.  The complete advisory is at Exhibit C.

The AFBCMR Medical Advisor recommends denying the application.  The applicant was caught in a Catch 22 policy where she was medically disqualified for a specific medical reason (although not unfitting), voluntarily separated, and consequently denied MGIB education benefit.  The DVA, operating under Title 38, United States Code, is authorized to offer compensation for any medical condition that is determined service-incurred, without regard to its proven or demonstrated impact upon a service member’s retainability or narrative reason for release from service.  This is the reason why an individual can be released from service for one reason, yet receive disability compensation for one or more medical conditions that were service-connected, but not found to be militarily unfitting for continued service.  While it seems counterintuitive to deny the applicant’s petition, since her motivation to separate was actually due to her “medical disqualification,” she elected to voluntarily separate in order to pursue higher education, only to later discover her ineligibility for a certain DVA education benefit.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 12 Dec 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and the AFBCMR Medical Advisor and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04403 in Executive Session on 8 May 18:

Panel Chair
Panel Member
Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 31 Oct 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 31 Jul 17.
Exhibit D:	Advisory opinion, AFBCMR Medical Advisor, dated 15 Sep 17.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Dec 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.