RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03564 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His honorable discharge be changed to a medical discharge or retirement. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He did not receive a Medical Evaluation Board (MEB) for his injuries and corrective procedures while in the military. His injuries have worsened every year since his discharge. His medical injuries were more severe than other individuals who were reportedly medically retired or received some type of separation pay. He was informed by a friend (who has the same injuries as his) of options he should have been informed of prior to discharge. His injury prevented him from furthering his Air Force career. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 24 Nov 99 and was honorably discharged on 23 Nov 03. Medical records reveal the applicant was evaluated by an orthopedic surgeon on 6 Dec 01 and underwent surgical treatment for a foot ailment on 24 Oct 02. On 7 Nov 02, a post-operative evaluation revealed that the applicant “was doing very well.” Other records reveal the applicant underwent an excisional biopsy of a lump and was evaluated and treated for mid-upper back pain on 18 Apr 01 and on 26 Oct 01. Other relevant facts are outlined in the BCMR Medical Consultant’s evaluation at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The BCMR Medical Consultant states the applicant’s medical records revealed there were no substantial indicators that he should have been referred through the Military Disability Evaluation System (MDES) instead of the normal separation action he received. Specifically, the BCMR Medical Consultant found no evidence of recurring restricted duty, as would otherwise be depicted on an AF Form 422, Physical Profile Serial Report, to reflect chronic duty- limiting impairment. The complete BCMR 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 23 May 08 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 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 agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, 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 Docket Number BC- 2007-03564 in Executive Session on 9 July 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Oct 07. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, BCMR Medical Consultant, dated 22 May 08. Exhibit D. Letter, SAF/MRBR, dated 23 May 08.