RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01585 INDEX CODE: 108.00 XXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His honorable discharge be changed to a medical discharge with all benefits included. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was discharged for the medical reasons of asthma and diabetes; however, he was administratively discharged. In support of his appeal, the applicant provides correspondence to and from his senator’s office. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: According to the military personnel data system, the applicant retired from the Air National Guard effective 30 November 2005 in the grade of master sergeant with a date of rank of 6 December 2001. He served 21 years, 10 months, and 6 days of satisfactory federal service of which 1 year, 10 months and 6 days were active duty. The only available medical document indicates that on 8 April 2005, the applicant was diagnosed with chronic bronchial asthma, controlled with medication; and, diet controlled diabetes. He was subsequently evaluated for worldwide duty availability. Documentation submitted by the applicant indicates he was notified on 2 May 2005 that he was medically disqualified for worldwide duty. His NGB Form 22, National Guard Bureau Report of Separation and Record of Service, indicates the reason for retirement as “voluntary retirement – medical disqualification.” On 15 November 2010, the applicant will be eligible for full retirement benefits when he turns 60 years of age. In addition to benefits to use the Commissary, Base Exchange, and MWR privileges, retiree benefits include uniformed services health benefits for the military member and his authorized family members, including care in a uniformed service facility, civilian health and TRICARE managed-care programs. The remaining relevant facts pertaining to this case are contained in the Air Force advisory opinion at Exhibit C. . ________________________________________________________________ _ AIR FORCE EVALUATION: NGB/A1POF recommends denial of the applicant’s request. A1POF states the subject matter expert indicates that changing the applicant characterization from honorable to medical is not an option, because there is no such characterization. The applicant is a Reserve retiree who will obtain full retirement benefits once he reaches the age of 60 in accordance with Air Force Instruction 36-3203, paragraph 8.3.2, Service Retirements. There is no precedent to award the requested entitlements to a member who is a Reserve retiree before they obtain eligibility. The A1POF evaluation, with attachments, is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he did not ask for his discharge. He is requesting the same benefits that are given to active duty members who are medically disqualified. He feels he is entitled to retirement pay beginning in November 2005 when he was medically terminated; TRICARE benefits for he and his spouse; the benefit of receiving medications at no cost by changing the civilian benefits section of his Uniformed Services Identification Card from “no” to “yes;” and for all of these benefits to be awarded immediately instead of having to wait until he is 60 years of age. Since the decision to leave the military was based on medical reasons and not his own, he believes he is entitled to the above military benefits. ________________________________________________________________ _ 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 and do not find that it supports a determination that the applicant was improperly transferred to the Retired Reserve. We note the applicant was disqualified for worldwide duty due to his diagnosis of asthma and diabetes in April 2005; however, the applicant has not provided evidence that his condition of asthma and diabetes was determined to be in the line of duty, nor that it entitles him to a medical disability retirement. In addition, we found no evidence in the applicant’s available records of any other medical condition that warranted his evaluation in the disability system. As a result of the aforementioned, the applicant is not entitled to the benefits of a medical disability discharge. Since the applicant has over 20 years of satisfactory service he was appropriately transferred to the Retired Reserve versus being discharged due to his eligibility to request retired pay at age 60. Accordingly, we agree with the opinion of the Air Force Office of Primary Responsibility that action and disposition in this case were proper and equitable reflecting compliance with Air Force directives that implement the law. In the absence of evidence to the contrary, we find no compelling 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 this application in Executive Session on 16 January 2007, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-01585: Exhibit A. DD Form 149, dated 5 May 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1POF, dated 10 Sep 07, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 14 Sep 07. Exhibit E. Applicant’s Rebuttal, dated 8 Oct 07, w/atchs.