RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-01734
                 INDEX CODE:  135.00

                 COUNSEL:  NEIL B. KABATCHNICK

                 HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His assignment to the U. S. Air Force (Honorary) Retired  Reserve,
effective 14 July 1994, be declared void.

2.  He be reinstated to the active Reserve effective 13 July 1994.

3.  He be awarded 50 retirements points for  each  year  from  16 July
1993 to the date of reinstatement to the active Reserve.

4.  His record be corrected to reflect that he was not rated  for  the
period 16 July 1993 to the date of reinstatement.

5.  He receive any further relief deemed necessary to accord full  and
complete relief, but not limited to payment of monies due as a  result
of the correction of his record.

6.  In  Counsel’s  Brief  in  Support  of  Amended  Application,   the
applicant is requesting, in  the  alternative,  that  his  records  be
corrected to show that he was retained in  an  active  status  in  the
Ready Reserve until 6 October 1994 and subsequently transferred to the
Retired Reserve with eligibility for retired pay at age 60  under  the
provisions of  Title  10  USC,  Section  12731(a)  (Temporary  Special
Retirement  Qualification  authority;  and,  USAF  Reserve  Transition
Assistance Program (RTAP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  assignment  to  the  Retired  Reserve,  by  reason  of   physical
disqualification was materially and legally in error.  It  was  unjust
in that the condition serving as the basis for his assignment  to  the
Retired Reserve,  namely  Adrenal  Insufficiency  (Addison’s  disease)
should  not  have  been  deemed  as  precluding  the  granting  of   a
Secretarial waiver for continued service in an active status in the U.
S.  Air  Force  Reserve  (USAFR).   Also,  the  fact  that  since  his
assignment to the Retired Reserve, effective 14 July 1994, he has been
issued annually a Medical  Certificate  First  Class  by  the  Federal
Aviation Administration (FAA) as  he  has  been,  and  is,  performing
flying duties as a commercial multi-jet pilot on  a  full  time  basis
effective 14 July 1994.

Applicant’s and  counsel’s  application  and  amended  application  is
attached at Exhibits A and A-1.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant in the Regular  Air  Force
on 30 May 1979.  He was subsequently honorably discharged  on  15 July
1988  (Voluntary  Resignation:  Completion  of  Active  Duty   Service
Commitment) in the grade of captain.  He served 9 years, 1  month  and
16 days of active military service.

Applicant was appointed a captain in the Reserve of the Air  Force  on
16 July 1988 and ordered to extended active duty on 8 September  1988.


On 23 January 1993, as indicated on a Report of  Medical  Examination,
Purpose of Examination:  Flying Class  II,  the  applicant  was  found
qualified for Flying Class II, without waiver.

Available records reflect, as indicated by  letter  from  the  Willis-
Knighton Medical Center, Shreveport, Louisiana (LA), the applicant was
admitted to the Willis-Knighton Medical  Center  on  8 July  1993  and
discharged on 20 July 1993 with a final  diagnosis  of  (1)  Addison’s
disease, (2) Hyponatremia, (3) Hypochloremia and (4) Hyperkalemia.

A letter dated, 31 August 1993, to the  Chief,  Aeromedical  Services,
917 Medical Squadron, Barksdale Air Force  Base,  LA,  the  physician,
Internal Medicine, Willis-Knighton Medical Center, indicated that  the
applicant will require follow-up for the rest of  his  life.   He  may
require some medication adjustments from time to time.  However, there
is no anticipation that this will interfere with  his  lifestyle  from
now on.

The Federal Aviation Administration, in  a  letter  to  the  applicant
dated 20 September 1993, established that the applicant  was  eligible
for a first-class medical certificate.

On 16  October  1993,  a  Report  of  Medical  History  reflects  that
applicant was examined for  the  purpose  of  Flying  Class  II,  with
waiver.

On 2 December 1993, the applicant signed  a  Physical  Profile  Serial
Report  stating  that  he  certified  he  had  been  advised  of   his
disqualifying medical condition and  of  the  requirement  to  provide
medical information from  his  private  physician  to  his  supporting
Reserve  medical  unit  to  aid  in  the  evaluation  of  his  medical
condition.  An “Aeromedical Summary (Clinical Resume)”  signed  by  Lt
Colonel A---, USAFR, MC, stated that he feels that  the  applicant  is
adequately treated for his Addison’s disease.  In  addition,  that  he
can perform at his previous high standards as long as  he  is  on  his
medication and has no new symptoms and adverse changes.  Lt Colonel A--
- recommended that the applicant be granted  a  waiver  for  continued
world-wide duty and for flying class I medical qualification.

On 19 January 1994, a  letter  from  Colonel  B---,  Chief,  Aerospace
Medicine Division, Directorate, Health Services  to  Headquarters  Air
Force Reserve (HQ AFRES)  Physical  Disqualification/Discharge  Review
Board, stated  that  the  applicant  was  medically  disqualified  for
military duty in accordance with AFR 160-43, para 3-21b and  3-21c  by
reason  of  Addison’s  Disease.   The  letter  states   that   special
assignment  limitations  were  not  appropriate  and  the  applicant’s
medical condition is incompatible with continued military  service  in
the Air Force Reserve.

A 1st  Indorsement  from  Colonel  S---,  Assistant  Director,  Health
Services states  that  the  appropriate  medical  authority  made  the
medical  disqualification  determination  in  this  case.   Col   S---
recommended that the  applicant  be  administratively  discharged  for
physical disqualification from continued military duty.

On 22 February 1994, the Chief, Special  Actions  Section,  HQ  AFRES,
forwarded  the  applicant’s  case  to  HQ  AFRES/JA  for  review.   [A
handwritten statement on the 1st Indorsement, dated 22 February  1994,
states “No evidence in file to support disqualification under  3-21(b)
& (c).  In fact, just the opposite.  Local Unit Commander and  Surgeon
recommend  waiver.   Need  to   indicate   specific   disqualification
condition and why waiver not considered appropriate].

On 2 May 1994, a memo from the Chief, Aerospace Medicine Division,  to
the HQ AFRES Physical Disqualification/Discharge Review  Board  stated
that the applicant is medically  disqualified  for  military  duty  in
accordance with AFR  160-43,  para  3-17(c)  by  reason  of  Addison’s
Disease.  A 1st Indorsement, dated 2  May  1994,  from  the  Assistant
Director,  Health  Services  recommended   that   the   applicant   be
administratively  discharged  for   physical   disqualification   from
continued military duty.

On 9 May 1994, the  Judge  Advocate  (JA),  Physical  Disqualification
Review  Board  stated  that  the  appropriate  medical  authority  has
correctly determined that the applicant is physically disqualified for
further service and the applicant should be processed for discharge.

On 17 May 1994, the applicant was notified that he  was  certified  by
the appropriate Air Force Reserve Surgeon as  physically  disqualified
for world wide duty and that separation action had been  initiated  to
discharge him from the Air Force  Reserve.   The  specific  reason  is
Addison’s disease.  Applicant was informed that he  was  eligible  for
honorary retirement.

On 7 July 1994, applicant’s private physician, Dr. C---, in  a  letter
to HQ AFRES/SGP, recommended reconsideration of the previous  decision
to medically discharge applicant from  the  Air  Force  Reserve.   The
Addison’s disease doesn’t  affect  him  in  any  way  which  could  be
detrimental to his continuation in the Air Force Reserve.

On 12 July 1994, applicant requested that he  be  transferred  to  the
Retired Reserve effective 14 July 1994.

On 18 July 1994, the Chief, Aerospace Medicine Division  stated  in  a
Memorandum for  JAJ  that  unfortunately  there  was  no  new  medical
information provided which would support a reversal of their  previous
medical  disqualification.   Therefore,  he  must   stand   by   their
determination  that  the  applicant  is  medically  disqualified   for
continued military duty.

By Reserve  Order,  EK-6460,  dated  29  August  1994,  applicant  was
relieved from his current assignment, assigned to the Retired  Reserve
Section and placed on the USAF Reserve Retired list effective  14 July
1994.  Not eligible for retired pay at  age  60  under  10  USC  1331.
Applicant served 15 years, 1 month and 15 days of service in  the  Air
Force Reserve with 14 years, 11 months and  22  days  of  satisfactory
Federal service for retirement.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Physical Standards Branch,  Directorate,  Health  Services,
states that they find there were no errors  made  by  HQ  AFRC/SGP  in
determining applicant was medically disqualified for  world-wide  duty
on 19 January 1994.  Applicant was found  medically  disqualified  for
continued  military  duty  by  HQ  AFRC/SG  again  on  2   May   1994.
Applicant’s case was reconsidered twice on 18 July 1994 and again on 7
September 1994.  Each time applicant was found medically  disqualified
for military duty.  There was no medical information included  in  the
applicant’s submission which would support a conclusion that applicant
was medically qualified for military duty on 19 January 1994.  At  the
time applicant elected to retire (Honorary Retired Reserve) in lieu of
separation, he was not medically qualified for world-wide duty.


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

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  and
counsel on 30 March 1998.  Counsel’s response, in summary, objects  to
the Air  Force  advisory  opinion  in  that  it  was  rendered  by  an
individual, Master Sergeant, who was junior in rank to  applicant  and
who was not a medical officer.  Counsel states that  the  advisory  is
not an accurate, thorough and proper evaluation of applicant’s request
for relief.  Applicant should be granted the relief requested  in  his
amended application or, he should be granted a hearing and  thereafter
the relief requested in his application, as presently amended.

Counsel’s response, with attachments, is attached at Exhibit E.

Counsel submitted additional  information,  by  letter  of  12 January
1999,  which  includes  a  Medical  Certificate  First  Class,   dated
11 August 1998 and a copy  of  applicant’s  flying  hours  with  Delta
Airlines.

Counsel’s letter, with attachments, is attached at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that the applicant’s initial requests to  be  reinstated  to
the active Air Force Reserve  with  retirement  points  and  back  pay
should be  granted.   As  stated  by  the  Chief,  Aerospace  Medicine
Division, Directorate,  Health  Services  to  Headquarters  Air  Force
Reserve (HQ AFRES) Physical Disqualification/Discharge  Review  Board,
the  applicant  was  medically  disqualified  for  military  duty   in
accordance with AFR 160-43 by reason of  Addison’s  Disease.   Special
assignment  limitations  were  not  appropriate  and  the  applicant’s
medical condition was incompatible with continued military service  in
the Air Force Reserve.  Although  the  applicant  continues  to  pilot
commercial aircraft, the military service departments are confined  by
standards  different  from  that  of  the  civilian  sector.   Medical
standards are established  to  ensure  acquisition  and  retention  of
members who are physically adaptable to  the  conditions  of  military
life, i.e. world wide deployability, whereby an  individual  could  be
placed in a situation where he could not  have  access  to  medication
which could be a life-threatening situation.

4.  Notwithstanding the above findings, we are persuaded that in  view
of applicant’s nearly 15 total years of honorable and faithful service
to the Regular Air Force and the Reserve of the Air Force, it would be
a clear injustice to not allow him to retire under the  provisions  of
Title 10, Section 12731a.  Since the law became  effective  5  October
1994, it is our opinion that Reserve officials had to have  been  well
aware that this provision would become effective in October 1994.   In
this respect, we note that  the  National  Defense  Authorization  Act
provides that Reservists who are physically disqualified and  have  at
least 15 years, but less than 20 years of service are  allowed  to  be
placed on the Retired Reserve List, with entitlement to retired pay at
age 60.  In our opinion, we believe that  the  applicant  should  have
been allowed to remain in the active reserves for a sufficient  amount
of time to afford him the opportunity to request his transfer  to  the
Retired Reserve and be entitled to retired pay at  age  60.   Clearly,
the Reserves were aware that this  law  was  going  to  be  effective.
Therefore, we recommend that his records be corrected  to  the  extent
indicated below.

5.  The documentation provided with this case was sufficient  to  give
the Board a clear understanding of the issues involved and a  personal
appearance, with or without counsel, would not have  materially  added
to that understanding.  Therefore, the request for a  hearing  is  not
favorably considered.

_______________________________________________________________________
_____________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:


    a.  He was not found unfit  on  19  January  1994,  by  reason  of
physical disqualification for active duty, but rather, on  that  date,
he continued to serve in the Reserve of the Air  Force,  and  remained
assigned to the 78 ARF Squadron, Barksdale AFB, LA.

    b.  Reserve Order EK-6460, dated 29 August 1994,  reassigning  him
to the Retired Reserve Section and placing him  on  the  USAF  Reserve
Retired List effective 14 July 1994, be declared void.

    c.  He was credited with 35 non paid Inactive Duty Training  (IDT)
points and 15 membership points during the  retirement/retention  year
16 July 1993 to 15 July 1994, resulting in 50 total points; and,  that
the period 16 July 1993 to 15 July 1994  is  a  year  of  satisfactory
Federal service for retirement.

    d.  On 6 October 1994, he was found medically unfit for  continued
military  service  with  the  Air  Force  Reserve,  due  to   physical
disqualification.

    e.  His request to be transferred to the Retired Reserve under the
provisions of Title 10, United States Code, Section
12731a. effective 7 October 1994, with entitlement to retired  pay  at
age 60, was approved by competent authority.

_______________________________________________________________________
_____________________

The following members of the  Board  considered  this  application  in
Executive Session on 21 January 1999, under the provisions of AFI  36-
2603:

                  Mr. Michael P. Higgins, Panel Chair
                  Dr. Gerald B. Kauvar, Member
              Ms. Dorothy P. Loeb, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 Apr 95, w/atchs.
   Exhibit A-1.Counsel’s Amended Application, dated 15 Dec 97,
                 w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFRC/SGP, dated 29 Jan 98.
   Exhibit D.  Letter, AFBCMR, dated 30 Mar 98.
   Exhibit E.  Counsel’s Brief, dated 28 Jul 98, w/atchs.
   Exhibit F.  Counsel’s Letter, dated 12 Jan 99, w/atchs.



                                   MICHAEL P. HIGGINS
                                   Panel Chair

INDEX CODE:  135

AFBCMR 97-01734




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 Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that:

            a.  He was not found unfit on 19 January 1994, by reason
of physical disqualification for active duty, but rather, on that
date, he continued to serve in the Reserve of the Air Force, and
remained assigned to the 78 ARF Squadron, Barksdale AFB, LA.

            b.  Reserve Order EK-6460, dated 29 August 1994,
reassigning him to the Retired Reserve Section and placing him on the
USAF Reserve Retired List effective 14 July 1994, be, and hereby is,
declared void.

            c.  He was credited with 35 non paid Inactive Duty
Training (IDT) points and 15 membership points during the
retirement/retention year 16 July 1993 to 15 July 1994, resulting in
50 total points; and, that the period 16 July 1993 to 15 July 1994 is
a year of satisfactory Federal service for retirement.

            d.  On 6 October 1994, he was found medically unfit for
continued military service with the Air Force Reserve, due to physical
disqualification.

            e.  His request to be transferred to the Retired Reserve
under the provisions of Title 10, United States Code, Section 12731a.,
effective 7 October 1994, with entitlement to retired pay at age 60,
was approved by competent authority.








   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency