RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00509

xxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His NGB Form 22, Report of Separation and Record of Service, Block 23, Authority and Reason, be changed from “Physical Disqualification” to “Medical Separation.”

APPLICANT’S CONTENTIONS

He was supposed to have a medical discharge; his guard unit confirmed this via email.  He was only provided his DD Form 214, Certificate of Release or Discharge from Active Duty, when he was discharged.  When he applied for a Department of Veterans Affairs (DVA) home loan, he was told he does not qualify because his NGB Form 22 says physical disqualification which he was not aware of until 2020.  His DD Form 214 states he was returned from active duty due to medical reasons.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former airman first class (E-3).

On 9 May 09, DD Form 214, reflects the applicant was honorably discharged in the grade of airman first class (E-3) after serving 2 months and 16 days of active duty.  He was discharged, with a narrative reason for separation of “Termination of Initial Active Duty Training.”  In Block 18, Remarks indicates the member was returned from initial active duty training due to medical reasons.

On 29 Feb 12, NGB Form 22, indicates the applicant was honorably discharged from the Air National Guard after serving four years and one month of service.  His authority and reason for separation is AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 3.14, Physical Disqualification, SPD JFT.

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

AIR FORCE EVALUATION

NGB/SGPS recommends denying the application, finding insufficient evidence to support the applicant’s request.  The applicant was an entry-level separation for an unknown, alleged medical condition.  The email traffic submitted between the applicant and the FSS stating his separation would be changed to “medical” is not sufficient to make a determination.  This application request requires military and civilian medical records to review along with the corresponding proof of service to provide a medical recommendation for eligibility of disability evaluation per AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation.”  No such military medical records were provided with this application for review.  It is the applicants’ burden to provide proof of an error or injustice.  Without military medical records, our office is unable to review the case to recommend if the condition(s) were incurred or service aggravated while in a qualified duty status.  The applicant must provide the following; (1) all military and civilian medical documentation related to all potentially disqualifying medical conditions; medical documentation should include pertinent labs, diagnostic reports, specialty consults, and/or encounter notes related to the condition(s) and (2) proof of service at time of injury/illness/disease incurred or was service aggravated (i.e. Orders, Pay Roster, DD Form 214, etc.)

The complete advisory opinion is at Exhibit C.

NGB/A1PP recommends denying the application, finding insufficient evidence to make a final determination that the condition was incurred or service aggravated.  The NGB Form 22 will remain as written until burden of proof has been given by the applicant and NGB/SG recommends a change to their advisory.  The applicant was separated under para 3.14 Physical Disqualification as reflected on applicant’s NGB Form 22.  The email traffic submitted between the member and the FSS stating his separation would be changed to “medical” is not sufficient to make a determination.  The application request requires military and civilian medical records to review along with the corresponding proof of service to provide a medical recommendation for eligibility of disability evaluation per AFI 36-3212.  No military medical records were provided with this application for review.  It is the applicant’s burden to provide proof of error or injustice. Medical is who makes the final determination and based on advisory from NGB/SG they are unable to provide a review to the case to recommend if the condition(s) were incurred or service aggravated while in a qualified duty status.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 15 Sep 21 for comment (Exhibit E), 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 offices of primary responsibility 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-2021-00509 in Executive Session on 20 Oct 21 and 25 Oct 21:

, 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 22 Oct 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/SGPS, dated 24 Aug 21.
Exhibit D:	Advisory Opinion, NGB/A1PP, dated 8 Sep 21.
Exhibit E:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Sep 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.