RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00107
		COUNSEL:  XXXXXXXXXX
	XXXXXXX	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be changed to 
a Medical discharge. 

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APPLICANT CONTENDS THAT:

He is medically unemployable.

In support of his request, the applicant provides copies of his 
Department of Veterans Affairs (DVA) letters and various other 
documents associated with his request. 

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 15 Nov 2010, the applicant was discharged from the Air 
National Guard (ANG) in the grade of staff sergeant (SSgt, E-5) 
with service characterized as general (under honorable 
conditions).

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THE AIR FORCE EVALUATION:

NGB/SGPF recommends denial. SGPF states that the only medical 
documentation included for review was a DVA  Award Amount and 
Payment notification dated 24 Jul 2012, and a Rating Decision 
dated 22 Jun 2012.  There is no evidence of any line of duty 
determination to indicate the applicant incurred or aggravated 
any medical conditions while serving in the ANG.  Furthermore, 
the applicant has failed to provide any ANG medical records to 
warrant a Medical Evaluation Board (MEB), and subsequent medical 
retirement.

The complete SGPF evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 15 Mar 2013, a copy of the Air Force evaluation was forwarded 
to the member for review and comment within 30 days.  To date, a 
response has not been received (Exhibit D).

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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 find no evidence of an error or injustice 
that occurred in the discharge processing.  Based on the 
available evidence of record, it appears the discharge was 
consistent with the substantive requirements of the discharge 
regulation.  We note that the DVA rated his disabilities at 80 
percent; however, the applicant has provided no evidence showing 
that he had an unfitting medical condition at the time of his 
discharge that would have required his processing through the 
Military Disability Evaluation System – a prerequisite to a 
medical discharge.  Therefore, in the absence of evidence that 
convincingly refutes the opinion and recommendation of the Air 
Force office of primary responsibility, we agree with their 
recommendation and adopt their rationale as the basis for our 
conclusion that he has not been the victim of an error of 
injustice and find no 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 Docket Number BC-
2013-00107 in Executive Session on 5 Sep 2013, under the 
provisions of AFI 36-2603:

    , Panel Chair	
    , Member	
    , Member

The following documentary evidence was considered in AFBCMR BC-
2013-00107:

    Exhibit A.  DD Form 149, dated 30 Dec 2012, w/atchs.
    Exhibit B.  Applicant's Available Military Records.
    Exhibit C.  Letter, NGB/SGPF, dated 7 Mar 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Mar 2013.
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