RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01608 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His discharge be changed to a medical retirement with the associated back pay. APPLICANT CONTENDS THAT: In early 2008, while actively participating in the California Air National Guard (ANG), he discovered that he had Leukemia (B-cell chronic lymphocytic leukemia/small lymphocytic lymphoma). This diagnosis medically disqualified him for worldwide duty, resulting in his discharge from the ANG. Subsequent to his discharge, he learned that he could have accrued points by participating in Extension Course Institute (ECI) courses. Had he been aware of this option, he would have utilized this time to accrue the points needed for a disability retirement. In support of his request, the applicant provides copies of medical documents, orders, a letter written by the XXXX Space Operations Squadron commander dated 26 March 2013, stating the applicant should have been allowed to perform military duty until his medical discharge and various other documents associated with his request. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to Headquarters, Air Force Space Command (HQ AFSPC) Aeromedical Summary dated 27 March 2009, the applicant was “Disqualified for Space and Missile Operator Duty (SMOD) due to Lymphoid Leukemia, Chronic, without mention of remission.” His oncologist stated that he required no treatment - just follow-up every three months. According to NGB/SGPA memorandum dated 15 July 2009, the applicant was “Medically Disqualified for Worldwide Duty.” The letter further indicated that the applicant may not perform any military duty. According to the applicant’s NGB Form 22, Report of Separation and Record of Service, for the period 7 May 2000 to 30 March 2010, he was discharged under the provisions of AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 3.12.15, Insufficient retainability for mobilization or ineligibility for worldwide deployment, and was issued a separation program designator code of JFT, which denotes “Physical standards; Discharge no board entitlement.” His reentry code of 6P denotes “Medically disqualified/pending waiver (ANG Only). Updated when a member is medically disqualified from continued military/worldwide service.” He is credited with 13 years, 5 months and 28 days of total service for retired pay. AIR FORCE EVALUATION: NGB/SGPF recommends denial indicating there is no evidence of an error or an injustice. In March 2009, the applicant was medically disqualified for world-wide duties and SMOD by HQ AFSPC. Therefore, he was not authorized to perform any military duty after his disqualification. While the applicant states he was not given the option to perform ECI courses while awaiting his disposition from HQ AFSPC, there is no evidence to support this claim. Moreover, there is no evidence to support the claim that if he were to perform ECI courses, he would have accrued sufficient points to retire. A complete copy of the NGB/SGPF evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 7 June 2013, the applicant requested additional time to provide supplementary evidence in support of his request and his case was administratively closed. On 9 April 2014, the applicant requested his application be reopened and submitted the same letter from the XXX Space Operations Squadron commander included in his initial submission to the Board. The applicant’s complete response, with attachment, is at Exhibit G. 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. However, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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 issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2013-01608 in Executive Session on 1 September 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01608 was considered: Exhibit A. DD Form 149, dated 28 August 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/SGPF, dated 30 April 2013. Exhibit D. Letter, SAF/MRBR, dated 10 May 2013. Exhibit E. Letter, Applicant, dated 7 June 2013. Exhibit F. Letter, SAF/MRBC, dated 24 June 2013. Exhibit G. Letter, Applicant, dated 9 April 2014, w/atch. 1 2