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AF | BCMR | CY1998 | BC-1996-02343A
Original file (BC-1996-02343A.doc) Auto-classification: Denied

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

IN THE MATTER OF:      DOCKET NUMBER:  96-02343
            INDEX NUMBER:  110.02, 108.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

__________________________________________________________________

APPLICANT REQUESTS THAT:

His separation for high year of tenure (HYT)  be  changed  to  a  medical
retirement with a disability rating of 100%.

___________________________________________________________________

RESUME OF CASE:

A similar appeal was considered and denied by the AFBCMR on 24 April 1997
(Exhibits A through D).

By letter, dated  22  September  1997,  the  applicant  stated  he  never
received the advisory opinion for review and comment (Exhibit E).  A copy
of the advisory opinion was forwarded to the applicant on 2 October  1997
(Exhibit F).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  stated  that,  in  1994,  he  suffered  total  body  weakness,
shortness  of  breath,  and  disorientation.    The   medical   treatment
facilities diagnosed his symptoms as dehydration and fatigue.   After  he
was discharged, he suffered a second  episode  with  the  same  symptoms,
which was diagnosed as possible Myasthenia Gravis.   This  diagnosis  was
later verified.

Had he been properly diagnosed in 1994, he would have been referred to  a
Medical Evaluation Board and  he  would  not  have  suffered  the  second
episode in 1996.  Finally, he would not have had to suffer from  December
1994 to February 1996 doing all he could to maintain a 5 EPR rating while
endangering his life.

Applicant’s response is at Exhibit G.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

After  careful  review  of  the  applicant’s  complete  submissions,  the
majority of the Board found no evidence that applicant’s physical fitness
to perform his duties at the time of  his  separation  was  questionable.
The regulation governing disabilities defines unfitness as the  inability
of a member to perform the duties of his/her office and grade in  such  a
manner as to reasonably fulfill the  purpose  of  his/her  employment  on
active duty.  Such a determination would have been  required  before  the
applicant could be eligible for physical disability processing.  The mere
presence of physical defects or conditions does not justify a finding  of
unfitness.  At the time of his separation, the applicant  was  considered
medically qualified  for  separation.   Additionally,  a  review  of  the
applicant’s performance reports reflects that, until his separation,  his
duty performance was outstanding.  Based on the  foregoing,  and  in  the
absence of evidence showing that the applicant was  medically  unfit  for
continued service within the meaning of AFI 36-3212, which implements the
law, or that he was improperly evaluated at the time of his separation, a
majority of the Board is unpersuaded  that  a  revision  of  the  Board’s
earlier determination is warranted.

___________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.

___________________________________________________________________

The following  members  of  the  Board  considered  this  application  in
Executive Session on 30 September 1998, under the provisions of  AFI  36-
2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Kenneth L. Reinertson, Member
      Mr. Allen Beckett, Member

By  a  majority  vote,  the  members   voted   to   deny   the   request.
Mr. Reinertson voted to correct the record and did not desire to submit a
minority report.   The  following  additional  documentary  evidence  was
considered:

    Exhibit E.  Letter from Applicant, dated 22 Sep 97, w/atchs.
    Exhibit F.  Letter, AFBCMR, dated 2 Oct 97.
    Exhibit G.  Letter from Applicant, dated 24 Oct 97.




                                   JOHN L. ROBUCK
                                   Panel Chair




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
        CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of [APPLICANT]

       I  have  carefully  reviewed  the  evidence  of  record  and   the
recommendation of the Board members.  A majority found that applicant had
not provided substantial evidence of error or injustice  and  recommended
the case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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