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AF | BCMR | CY1998 | 9700436
Original file (9700436.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NO:  97-00436 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

I 

Applicant  requests that his honorable discharge be  changed to a 
medical retirement.  Applicant's submission is at Exhibit A. 

_ i  

The appropriate Air  Force offices evaluated applicant's request 
and  provided  advisory  opinions  to  the  Board  recommending  the 
application be  denied  (Exhibit C ) .  
The advisory opinions were 
forwarded to the applicant for review and response  (Exhibit D). 
As of this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available evidence of  record, we  find  insufficient evidence of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the  advisory opinions appear to be  based  on 
the evidence of  record and have not been rebutted by  applicant. 
Absent persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 

&disturb  the existing record. 
-. F- 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members of the Board Mr. Vaughn E. Schlunz, Ms. Dorothy P. Loeb, 
and  Mr.  David  W.  Mulgrew  considered  this  application  on 
5  February 1998  in accordance with  the provisions  of  Air  Force 
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552. 

Panel Chair 

Exhibits: 

A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinions 
D.  SAF/MIBR Ltr Forwarding Advisory Opinions 

18 Jun 97 
97-00436 

MEMORANDUM FOR AFBCMR 

FROM:  BCMR Medical Consultant 

1535 Command Drive, EE Wing, 3rd Floor 
Andrews AFB MD  20762-7002 

SUBJECT:  Application for Correction of Military Records 

Applicant's entire case file has been reviewed and is forwarded with the following 

findings, conclusions and recommendations. 

REQUESTED ACTION:  The applicant was discharged with severance pay on 11 Jan 96 
after serving 3 years, 4 months, 22 days on active duty under provisions of AFI 36-321 2. No 
Disability Rating (DR) was awarded.  He now applies requesting that his status be changed 
to medical retirement based on Department of Veterans' Affairs (DVA) (temporary) award of 
100% DR. 

FACTS:  The records indicate that the applicant met a Medical Evaluation Board on 

19 Oct 95, was referred to the Informal Physical Evaluation Board (IPEB), and discharged 
with severance pay because of adjustment disorder with mixed anxiety and depressive mood 
status post-suicide attempt (S&l none) VASRD Code 9440 (?), antisocial personality 
disorder, alcohol abuse, and history of suicide attempts prior to service not disclosed at 
enlistment.  He believes the record is in error because the military evaluated his disability at 
0% and the DVA , in an examination on 8 Jul 96 had evaluated his disability at 20%, 
increasing this temporarily to 100% for a lengthy hospitalization in Sep-Oct 96.  Their 
diagnosis was bipolar disorder, a different VASRD code, 9432. 
Findings and recommendations of the IPEB were sustained at all levels of review and 
accepted by applicant and are well supported by the evidence of record.  There is no 
evidence to support a higher rating at the time of  permanent disposition. His case was 
properly evaluated, appropriately rated and received full consideration under the provisions 
of AFI 36-3212.  Action and disposition in this case are proper and reflect compliance with 
Air Force directives which implement the law. 

DISCUSSION: 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, USC authorizes the VA to increase or decrease the VA compensation ratings based 
upon the individual's condition at the time of future evaluations. 

-: 

We recommend denial of the applicant's request.  The applicant has not 

submitted any material or documentation to prove he was inappropriately rated or processed 
under the military disability evaluation system.  He was granted all rights to which he was 
entitled under disability law and departmental policy in effect at the time of his disability 
discharge. 

# 

A 

Directorate of Pen Prog Management 

USAF 
ivision 



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