AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-00790 
COUNSEL:  NONE 

DEC 

4 

HEARING:  NO 

The applicant requests that his disability discharge on 15 March 
1971  be  set  aside  and  he  receive  a  disability  retirement. 
Applicant's submission is at Exhibit A. 

The appropriate Air  Force offices evaluated applicant's request 
and provided an 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.  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. Henry C. Saunders, Mr. Henry Romo Jr., 
and  Dr.  Gerald  B.  Kauvar  considered  this  application  on 
17 November 1998  in accordance with  he provi ions of Air  Force 
Instruction 36-2603, and the governid s t a t u d  10, U.S.C. 1552. 

Exhibits: 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinions 
D.  AFBCMR Ltr Forwarding Advisory Opinions 

Y.. 

23 April 1998 
98-00790 

MEMORANDUM FOR AFBCMR 

FROM:  BCMR Medical Consultant 

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

SUBJECT: 

This request is not timely submitted, as 27 years have elapsed since final disposition was made 

in this case. 

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

conclusions and recommendations. 

REQUESTED ACTION:  The applicant was removed from the Temporary Disability Retired List 
(TDRL) and discharged with severance pay and 10% disability on 15 March 1971.  He now applies 
requesting that his status be changed to a permanent disability retirement. 

FACTS:  The records indicate that the applicant met a Medical Evaluation Board (MEB) on 28 
August 1967 and was referred to the Informal Physical Evaluation Board (IPEB) on 1 September 
1967.  He was assigned to the TDRL on 26 December 1967 with 100% disability for Schizophrenic 
Reaction, paranoid type, chronic, VASRD Code 9203.  Following a 3-year period of observation on 
the TDRL, the applicant was found unfit for continued military service, removed from the TDRL, and 
discharged with severance pay and 10% disability effective 15 March 1971.  The evaluation he 
underwent in December 1970, prior to this final disposition, found him in complete remission from all 
symptoms relating to his disorder and only slightly impaired for social and industrial reasons.  He 
believes the record is in error because the military evaluated his disability at 10% and the 
Department of Veterans Affairs has evaluated his disability variously at 70-1 00% depending on his 
status at different re-evaluations.  Findings and recommendations of the Physical Evaluation Board 
were sustained at all levels of review, approved by the Air Force Personnel Board on 22 February 
1971, 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 AFR 35-4.  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 
as has occurred in this case. 

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AFBCMR Case # 98-00790 

RECOMMENDATION: The Medical Consultant is of the opinion that no change in the records is 

warranted and the application should be denied. L/aL& 

.-- 

FREDERICK W. HORNICK, Col., USAF, MC, FS 
Chief Medical Consultant, AFBCMR 
Medical Advisor SAF Personnel Council 

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DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE, TEXAS 

22 May 98 

MEMORANDUM FOR AFBCMR 

FROM: 

HQ AFPCIDPPD 
550 C Street West Ste 06 
Randolph AFB TX 78 150-4708 

SUBJECT: 

Recor 

REQUESTED ACTION:  Applicant requests that his disability discharge on 15 Mar 71 

be set aside and he receive a disability retirement. 

FACTS:  Applicant was involuntarily relieved from active duty on 26 Dec 67 for physical 

disability under the provisions of AFM 35-4, and subsequently placed on the Temporary 
Disability Retired List (TDRL).  He remained on the TDRL until he was Discharged With 
Severance Pay (DWSP) with a 10 percent disability rating on 15 Mar 71.  Member completed 
seven years and twenty-three days of active duty.  Member’s application is considered untimely 
under the statute of limitations. 

DISCUSSION:  The purpose of the military disability system is to maintain a fit and vital 
force by separating members who are unable to perform the duties of their office, grade, rank or 
rating.  Members who are separated or retired for reason of physical disability may be eligible, if 
otherwise qualified, for certain disability compensations.  Eligibility for disability processing is 
established by a Medical Evaluation Board (MEB) when that board finds that the member may 
not be qualified for continued military service.  The decision to conduct an MEB is made by the 
medical treatment facility providing care to the member. 

A review of the AFBCMR case file revealed that an MEB was convened 

28 Aug 67, and referred to the Informal Physical Evaluation Board (IPEB).  On 

AFB,-n 
1 Sep 67, the IPEB found the member unfit for continued military service for a diagnosis of 
“schizophrenic reaction, paranoid type, chronic” and recommended he be placed on the TDRL 
with a 100 percent disability rating.  Applicant agreed with the findings and recommendations of 
the IPEB on 8 Sep 67.  Because of ongoing non-disability administrative actions, the member’s 
case files were forwarded to the Secretary of the Air Force Personnel Council for adjudication. 
On 8 Dec 67, officials within the office of the Secretary of the Air Force approved the 
recommendation of the Physical Review Council (PRC) and directed that the member be placed 
on the TDRL under the provisions of 10 USC 1202, effective 27 Dec 67. 

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