RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00476 COUNSEL: DAV HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. She be awarded the Air Force Commendation Medal (AFCM). 2. She be given a medical retirement. APPLICANT CONTENDS THAT: During mobility exercises, she moved classified safes and injured her back. She also tore her pectoral muscles while rendering final military honors for deceased veterans. While on active duty, she had been treated various times for migraine headaches and mental disorders. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 29 March 1986, the applicant was honorably discharged under the provisions of AFR 39-10 (Expiration Term of Service) in the grade of staff sergeant after serving 7 years, 6 months and 26 days on active duty and credited with 3 years, 2 months and 24 days of foreign service. The Air Force Commendation Medal is awarded to members of the Armed Forces of the Unites, below the grade of colonel and foreign military personnel, who while serving in any capacity with the Department of the Air Force after 28 March 1958, distinguish themselves by outstanding achievement or meritorious service least one day served in each campaign phase. The applicant provided a Department of Veterans Affairs (VA) rating reflecting a 30 percent disability rating for double depression with chronic dysthymia with episodes of major depression interspersed, effective 13 December 1996. She also provided a VA document reflecting a combined disability rating of 40 percent for migraine headaches. AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states after a thorough review of the applicant’s official military personnel record, they were unable to verify award of the Air Force Commendation Medal. The applicant's record contains a citation for the Air Force Commendation Medal for the period from 13 March 1984 to 29 March 1987; however, DISAPPROVED is stamped on the top of the citation. They were unable to locate other official documentation referring to an Air Force Commendation Medal for this period of service. Based on review of the applicant's official military personnel record, DPSID was able to determine that the Air Force Outstanding Unit Award (AFOUA) should have been awarded during the applicant's service from 30 March 1983 to 29 March 1987 and was not reflected in her records. Upon final board decision, administrative correction of the applicant’s official military personnel record will be completed by AFPC/DPSOR. To grant relief would be contrary to the criteria established by DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department. The DPSID complete evaluation is at Exhibit C. The AFBCMR Medical Consultant recommends denial. The AFBCMR Medical Consultant states a physical therapy consultation request was initiated on 27 October 1986 for evaluation and treatment of the applicant’s back pain. The consultation report shows a statement referring the reader to a February 1982 progress note that indicates she experienced “back pain since age 14.” Although the applicant’s service treatment record separation history and physical indicates she experienced a number of somatic complaints nearing the time of her release from military service, it could not be established that the applicant was unable to reasonably perform her military duties due to one or more medical conditions during her military service or at the time of her release from active duty order. Additionally, the case file does not contain profile restrictions imposed that would indicate a questionable ability to perform military service or to maintain worldwide qualification that otherwise would/should have triggered a medical hold in order to conduct a Medical Evaluation Board (MEB). Indeed, the evaluating healthcare provider found her worldwide qualified for the purpose of retention or separation. On the other hand, operating under a different set of laws (Title 38, U.S.C.), with a different purpose, the DVA is authorized to offer compensation for any medical condition determined service incurred, without regard to [and independent of] its demonstrated or proven impact upon a service member's retainability or fitness to serve, the narrative reason for release from military service, nor the intervening or transpired period since the date of separation. With this in mind, Title 38, U.S.C., which governs the DVA compensation system, was written to allow awarding compensation ratings for any conditions with a nexus with military service. This is the reason why an individual can be released from active military service for one reason and yet sometime thereafter receive a compensation rating from the DVA for one or more medical conditions found service-connected, but which was not proven militarily unfitting during the period of active service. The DVA is also empowered to conduct periodic re-evaluations for the purpose of adjusting the disability rating awards (increase or decrease) as the level of impairment from a given service connected medical condition may vary (improve or worsen, affecting future employability) over the lifetime of the veteran. The Medical Consultant opines the applicant has not met the burden of proof of error or injustice that warrants the desired change of the record. The applicant’s case has also not been timely filed, but has been reviewed in the interest of justice. The AFBCMR Medical Consultant’s complete evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 15 September 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 an error or an 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 the AFBCMR Medical Consultant and adopt their rationale as the basis for our conclusion the applicant has failed to sustain her burden of proof of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2014-00476 in Executive Session on 8 January 2015, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 August 2013, w/atchs. Exhibit B. Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 16 June 2014. Exhibit D. Letter, AFBCMR Medical Consultant, dated 17 July 2014. Exhibit E. Letter, SAF/MRBR, dated 15 September 2014.