RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04820

XXXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His discharge be changed to a medical retirement.

APPLICANT’S CONTENTIONS

His last Review in Lieu of (RILO) contained erroneous information and reflected that there was nothing abnormal with his neck.  However, his medical records and the magnetic resonance imaging (MRI) showed that he had a bulging disc and degenerative bone loss in his neck.  Although he complained repeatedly and went several years in between MRIs, he was never given the option to see another doctor or address what other treatments might be available.  In addition, he was never given a separation physical prior to being discharged.  After his separation from the Air Force, he tried to enlist in the Air Force Reserve, but was told that he was not eligible to join because of his medical issues.  The Department of Veterans Affairs (DVA) has currently assigned an 80 percent combined disability rating with some medical issues still being evaluated.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).

On 15 Apr 18, the applicant was furnished an honorable discharge with a narrative reason for separation of “Reduction in Force,” and was credited with 15 years and 1 day of total active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

The AFBCMR Medical Advisor recommends denying the application.  The burden of proof of an error or injustice has not been met to support the applicant’s petition to direct a Medical Evaluation Board (MEB), followed by referral to a Physical Evaluation Board (PEB), with an unfit finding and a medical separation/retirement.  There was insufficient evidence that the applicant’s medical conditions were so severe as to disqualify him from worldwide duty to the extent or duration that warranted MEB/PEB processing, as would otherwise have been depicted on an AF Form 469, Duty Limiting Condition Report, coded 37.  On the other hand, operating under a different set of laws (Title 38, United States Code (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, fitness to serve, or the narrative reason for separation.  With this in mind, Title 38, U.S.C., which governs the DVA compensation system, was written to allow awarding compensation ratings for conditions that were service-connected, but not militarily unfitting at the time of release from military 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 complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 20 May 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of the AFBCMR Medical Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04820 in Executive Session on 17 Jun 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFBCMR Medical Advisor, dated 26 Feb 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 May 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2019-04820, as required by AFI 36-2603, paragraph 4.11.9.