SECOND ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  95-02003

            COUNSEL:  None

            HEARING DESIRED:  No


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APPLICANT REQUESTS THAT:

1.    He be awarded 100% disability retirement from the Air Force.

2.    His date of rank (DOR) be changed from 24 Sep 83 to 15 Dec 81.

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RESUME OF CASE:

On 12 Jun 95, the applicant requested that  his  release  from  active
duty be changed to a disability retirement, effective the date of  his
surgery.  On 19 Dec 95, the Board  granted  his  request  and  he  was
placed  on  the  Temporary  Disability  Retired  List  (TDRL)  with  a
compensable disability rating of  100%  and  recommended  that  he  be
scheduled for  reevaluation  of  his  medical  condition  as  soon  as
possible (see Exhibit P).

As a result of the AFBCMR action, on  27 Dec  95,  the  applicant  was
placed on the TDRL, effective 31 Dec 92, with a compensable disability
rating of 100%.  Subsequently, officials  within  the  Office  of  the
Secretary of the Air Force directed the applicant’s removal  from  the
TDRL and permanent retirement with a 50% disability  rating.   He  was
permanently retired in the grade of captain, effective 26 Oct 96.

On 1 Mar 96,  the  applicant  requested  the  effective  date  of  his
Survivor Benefit Plan (SPB) be changed from 31 Dec 92 to 1 Mar 96.  On
28 Oct 96, the Board denied his request (see Exhibit Q).

On 6 Nov 97, the applicant provided additional  documentation  through
his senator and  requested  the  Board  reconsider  his  requests  and
promote him to the  grade  of  colonel,  with  a  DOR  of  15 Dec  92;
compensable disability rating of 50% given him  at  the  time  of  his
removal from the TDRL be increased to 100%;  he  receive  damages  and
punitive  damages  for  a  gross  medical  malpractice  and  resultant
circumstances; and, recovery of SBP premiums  withheld  ($6,318)  from
his retired pay awarded when his record was corrected  to  reflect  he
was placed on the TDRL effective 31 Dec 92.  On 23 Mar 98,  the  Board
denied his requests; however, the Board believed the comments made  by
the additional rater on the  applicant’s  Officer  Performance  Report
(OPR) closing 27 Apr 89 were in retribution for applicant  discovering
and exposing a discrepancy in the method used to  determine  dates  of
rank for Air Force chaplains  which  resulted  in  an  Air  Force-wide
audit.   As  such,  some  doubt  existed  regarding  how  accurate  an
assessment the OPR in question is of  applicant’s  performance  during
the rating period.   Therefore,  the  Board  recommended  the  OPR  be
declared void and removed from his records and his corrected record be
considered by a Special Selection Board (SSB) for  the  Calendar  Year
1991 (CY91) Central Major Board (see Exhibit R).   Applicant  was  not
selected for promotion by the CY91 SSB.

On 29 Jun 98, the applicant provided additional documentation  through
his senator and requests the Board reconsider his requests  and  award
him 100% disability retirement from the Air Force and change  his  DOR
to 15 Dec 81 (see Exhibit S).

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ADDITIONAL AIR FORCE EVALUATION:

The Chief Medical Consultant,  AFBCMR,  SAF/PC,  reviewed  applicant’s
request and indicated that  all  evidence  of  record  points  to  the
applicant having been appropriately evaluated and  properly  rated  at
the time of his permanent disability retirement.   The  highest  VASRD
rating for his disorder is 50% which was allowed.  The  Department  of
Veterans Affairs (DVA) has subsequently allowed 100% disability  based
on medical evidence provided from civilian sources who  evaluated  the
applicant after his retirement.  At the time of his appearance  before
the Formal Physical Evaluation Board (FPEB)  on  26 Aug  96,  evidence
presented showed him to be moderately affected by his muscle weakness,
and it was found that he was employed full-time  as  a  Civil  Service
Chaplain since 1992.  Further, the physical examination he had for his
TDRL evaluation in Jun 96 showed a well-healed abdominal incision with
no hernia defect.  The applicant’s claim that he should be rated under
VASRD Code 7339 (Hernia, ventral,  post-operative)  vs.  5319,  would,
therefore, seem ill-founded.  Although the  FPEB’s  recommendation  to
permanently retire the applicant at 30% was overruled by the Secretary
of the Air Force Personnel  Council  (SAFPC)  (who  awarded  a  higher
rating), the maximum award for the diagnosis was allowed.

The Chief Medical Consultant further stated that, once  an  individual
has been declared unfit, the Service Secretaries are required  by  law
to rate the condition based upon the degree of disability at the  time
of permanent disposition  and  not  upon  the  possibility  of  future
events.  No change in military  disability  ratings  can  occur  after
permanent disposition under  the  rules  of  the  military  disability
system,  even  though  the  condition  may  become  better  or  worse.
However, Title 38, United States Code  (USC),  authorizes  the  VA  to
increase or decrease  the  VA  compensation  ratings  based  upon  the
individual’s condition at the time of future evaluations.  The  recent
DVA decision does not alter the validity of the decision that  led  to
the disability retirement awarded and the Chief Medical Consultant  is
of the opinion that no change in the  records  is  warranted  and  the
application should be denied.

A complete copy of the Air Force evaluation is attached at Exhibit T.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of  the  additional  Air  Force  evaluation  was  forwarded  to
applicant on 28 Jul 98 for review and response.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

We have thoroughly reviewed  the  entire  application,  including  the
recent DVA  rating,  dated  4 Jun  98.   However,  we  are  still  not
persuaded that a revision of the earlier determination in this case is
warranted or that he should be awarded 100% disability retirement from
the Air Force and his DOR be changed.  We are again not convinced that
the applicant’s contentions override  the  comments  provided  by  the
Chief, Medical Consultant, SAF/PC, dated 16 Jul 98.  In this  respect,
the Chief stated that the evidence of record points to  the  applicant
having been appropriately evaluated and properly rated at the time  of
his permanent disability retirement and the recent DVA  decision  does
not alter the validity of the decision  that  led  to  the  disability
retirement awarded.  In addition, we rereviewed the  advisory  opinion
from the Chief, Officer Promotion &  Appointment  Branch,  AFPC/DPPPO,
dated 25 Nov 97, and once again do  not  find  applicant’s  assertions
pertaining  to  his  DOR  sufficiently  persuasive  to  override   the
rationale provided by the Air Force and  therefore  find  no  evidence
that applicant’s DOR should be changed to an earlier date.  In view of
the foregoing, we again find no compelling basis to recommend granting
the relief sought.

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THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 23 December 1998, under  the  provisions  of  Air
Force Instruction 36-2603:

                  Mr. Henry C. Saunders, Panel Chair
                  Mrs. Barbara A. Westgate, Member
                  Ms. Kathy Boockholdt, Member
                Mrs. Joyce Earley, Examiner (without vote)

The following documentary evidence was considered:

     Exhibit P.  ROP, dated 27 Dec 95, w/atchs.
     Exhibit Q.  ROP, dated 26 Nov 96, w/atchs.
     Exhibit R.  ROP, dated 4 Jun 98, w/atchs.
     Exhibit S.  Letter fr applicant, dated 29 Jun 98, w/atchs.
     Exhibit T.  Letter, SAF/PC, dated 16 Jul 98.
     Exhibit U.  Letter, AFBCMR, dated 28 Jul 98.



                                   HENRY C. SAUNDERS
                                   Panel Chair