a .
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF: ,
- 1 -
DOCKET NUMBER: 97-02486
COUNSEL: None
HEARING DESIRED: NO
APPLICANT REOUESTS THAT :
He'be retired by reason of physical disability, rather than for
length of service.
I
APPLICANT CO NTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letters
prepared by the appropriate offices of the Air Force.
Accordingly, there is no need to recite these facts in this
Record of Proceedings.
AIR FORCE EVALUATION:
The Chief, Medical Consultant, AFBCMR, reviewed this application
and states that the applicant should have been placed on medical
hold prior to his retirement, evaluated in the disability
evaluation system, and found to be 100% disabled with inoperable
lung cancer. He should then have received a medical retirement
after completing his cancer treatment and, because of the
advanced nature
disease, should have been permanently
retired with a disability
rating of 100%. The medical consultant
recommends this action be
granted retroactive to 31 July 1997.
of his
-
A complete copy of the
Exhibit C.
Air Force evaluation is attached at
..
The Chief, Disability Operations Branch, AFPC/DPPD, reviewed this
application and states that the applicant has not submitted any
material or documentation to show that he was unfit due to a
physical disability under the laws and provisions of Title 10,
USC, at the time of his service retirement.
A complete copy of the Air Force evaluation is attached at
Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to
the applicant on 15 June 1998, for review and response. As of
this date, no response has been received by-phis office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of a probable error or injustice. In
this respect, we note that the applicant retired for length of
service on 1 August 1997. The Chief, Disability Operations
Branch, states that the evidence of record does not provide
sufficient documentation to justify a change in the record. We
disagree. In this respect, we note that prior to the applicant's
retirement he had a chest x-ray which showed evidence of
Furthermore ,
pneumonia-like infiltrate in the left lung.
subsequent studies were strongly suspicious for lung cancer. The
Chief, Medical Consultant, states that the applicant should have
been placed on medical hold, evaluated in the disability
evaluation system and found to be 100% disabled with inoperable
lung cancer. In view of the comments of the Chief, Medical
Consultant, and given the evidence of record, we believe the
applicant has overcome the presumption of fitness and was unfit
for continued military service at the time of his length of
service retirement.
Therefore, we recommend his records be
corrected to the extent indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a
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a. On 30 July 1997, the diagnosis in his case was
inoperable lung cancer, VASRD Code 6819, rated at 100%; that the
disability is permanent; that the disability was not due to
intentional misconduct or willful neglect; that the disability
was not incurred during a period of national emergency; and that
the disability was not received in line of duty as a direct
result of armed conflict.
b. He was not relieved from active duty on 31 July 1997 and
retired for length of service on 1 August 1997, but on 1 August
1997 he was permanently retired by reason of physical disability
with a compensable disability rating of 100%.
The following members of the Board considered this application in
Executive Session on 18 August 1998, under the provisions of AFI
36-2602 :
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Mr. Henry C. Saunders, Panel Chair
Mr. Dana J. Gilmour, Member
Ms. Ann L. Heidia, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Aug 97, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 14 Apr 98.
Exhibit D. Letter, AFPC/DPPD, dated 20 May 98.
Pa el Chair P
HEN Y C. SAUNDERS
a
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DEPARTMENT OF THE AIR FORCE
WASHINGTON, D. C.
AUG 2 3 1998
Office of the Assistant Secretary
AFBCMR 97-02486 ,
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for
Correction of Military Records and under the authority of SectionJ 552, Title 10, United States
Code (70A Stat 116), it is directed that:
records of the Department of the Air Force relating t
corrected to show that:
a. On 30 July 1997, the diagnosis in his case was inoperable lung cancer,
VASRD Code 68 19, rated at 100%; that the disability is permanent; that the disability was not
due to intentional misconduct or willful neglect; that the disability was not incurred during a
period of national emergency; and that the disability was not received in line of duty as a direct
result of armed conflict.
b. He was not relieved from active duty on 3 1 July 1997 and retired for length of
service on 1 August 1997, but on 1 August 1997 he was permanently retired by reason of
physical disability with a compensable disability rating of 1 00%.
Director
Air Force Review Boards Agency
U
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