RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00075
		INDEX CODE:  108.03

		COUNSEL:  NONE

		HEARING DESIRED: YES

MANDATORY CASE COMPLETION DATE:  3 July 2006

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APPLICANT REQUESTS THAT:

Special Form 502, Narrative Summary (Clinical Resume), signed on 9 April 2003 be corrected to reflect he did inform military authorities of an injury he received while on temporary duty at Wright-Patterson (W-P) AFB.

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APPLICANT CONTENDS THAT:

His Special Form 502, Narrative Summary (Clinical Resume), dated 9 April 2003, states he failed to notify military authorities of a potential Line of Duty (LOD) injury.  Applicant holds the SF 502 is incorrect as he discussed the issue of injury with a unit physician and the medical squadron’s non commissioned officer in charge (NCOIC).  The NCOIC noted, while she was aware of the injury, she could not locate copies of the LOD determination needed for the physician’s medical evaluation.  In fact, he was placed on physical profile.  After becoming aware of the missing statement, he requested the Wing Commander (WG/CC) order an investigation on 8 September 2003.  He did not receive a response from the WG/CC and then filed a complaint with the Inspectors General (IG) office.  He was never provided with a final report from the IG.  He submitted a congressional inquiry on this issue that resulted in him being told he needed to file a DD 149, Application for Correction of Military Record.

In support of his appeal, the applicant has provided copies of his military and civilian medical records, pertinent copies of his application to his congressman, LOD determination, several copies of orders, insurance disability forms, disability status reports and letters, Physical Profile Reports, annual medical certificates, world wide duty determinations, ANG Disability Evaluation Program paperwork, his medical evaluation board fitness for duty letter, email trail and a request for discharge.

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

STATEMENT OF FACTS:

Applicant joined the California Air National Guard (CAANG) on 24 April 1997.  He was progressively promoted to the grade of master sergeant with an effective and date of rank of 1 December 2000.  He experienced an injury while attending Annual Training (AT) in Ohio during January 2001.  On 5 June 2001, he was put under a physical profile wherein he was declared not worldwide qualified.  He was limited to performing light duty only.  The Physical Profile was in force for one year.  According to an official narrative dated 9 April 2003, he did not notify military authorities of a potentially LOD injury.  Instead, the narrative goes on to say he began treatment with his primary physician back home until March 2002.  On 28 March 2002, he underwent left L5-S1 Hemilaminectomy and Microdiscectomy.  Soon after, his neurosurgeon released him to his civilian job but only to perform “office type work.”  He had returned to a productive civilian employment and could exercise to the limits prescribed by his surgeon however he was still limited to performing “office type work.”  On 1 May 2002, his surgeon recommended he be allowed to attend UTA’s with restricted duty limitations until 1 June 2003.  On 2 July 2002, his squadron commander recommended he be extended on 4T status until 1 June 2003 in order to assist the unit through upcoming military inspections.  On 4 May 2003, his commander submitted a Medical Evaluation to Determine Fitness for Duty indicating that though he had performed UTA’s in a light duty status since June 2001 and while he had been a valuable member of the unit, his medical condition had prevented deployment and may impact mission readiness in the future.  His medical profile expired in June 2003 and he was notified he would not be allowed to continue participating in UTA’s.  On 18 July 2003, he submitted a letter expressing his desire for an early retirement.  A medical narrative accomplished on 9 April 2003 listed his prognosis as guarded for further lumbar-sacral disease.  As his condition, while well controlled within certain limits, would limit him from mobility assignments, he could not continue his military position with the CAANG and a medical discharge was warranted.  On 29 July 2003, HQ ANG/SGP medically disqualified him for military duty.  On 26 August 2003, he requested the paperwork be finalized that would enable him to retire early.  He asked for a retirement date of 30 September 2003.  On 6 September 2003, a Request for Discharge – Airman, was accomplished wherein he applied for transfer to the Retired Reserve to await Reserve retired pay at age 60.  His request was approved and he was transferred to the Retired Reserve list effective 1 October 2003.  He was serving in the grade of MSgt and had 16 years of service.

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AIR FORCE EVALUATION:

ANG/DPFOC recommends denial.  DPFOC contends the applicant presented no documentation within his application to substantiate his request and what documentation does exist appears to have been accomplished by the applicant.  DPFOC notes neither the Extension of 4T status nor any of the AF Form 422’s, Physical Profiles, makes any mention of his injury occurring on military status.  DPFOC states unless the applicant can provide documentation from the unit that specifically states his injury occurred while in a military status, there is no basis to grant relief and alter the SF 502.

DPFOC’s complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 February 2006 for review and comment within 30 days.  As of this date, this office has received no response.

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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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we are not persuaded by the applicant’s contention that the SF 502 was prepared erroneously nor are we persuaded by his unsubstantiated assertion that he has been the victim of an injustice.  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 that the applicant has not been the victim of an error or injustice.  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 issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2005-00075 in Executive Session on 28 March 2006, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Dec 04, w/atchs
    Exhibit B.  Letter, ANG/DPFOC, dated 21 Feb 06
    Exhibit C.  Letter, SAF/MRBR, dated 24 Feb 06.

                                   
                                   Panel Chair