Search Decisions

Decision Text

AF | BCMR | CY1999 | 9800067
Original file (9800067.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-00067 
COUNSEL : 
HEARING DESIRED:  NO 

APPLICANT REOUESTS THAT: 
His release from active duty, with the Special Separation Bonus 
(SSB), be changed to a medical retirement. 

APPLICANT CONTENDS THAT: 
The reasons applicant believes he has been the victim of an error 
and/or  an  injustice are  contained  in  his  complete  submission, 
which is at Exhibit A. 

STATEMENT OF FACTS: 
Applicant applied f o r   separation under the SSB program on 8 April 
1992 with an effective date of 31 December 1992. His request was 
approved  on  13  April  1992  and  he  was  honorably  released  from 
active duty on 31 December 1992.  His DD Form  214  reflects his 
primary  specialty  as  Y3ervice  Operations  Officer . 
His 
performance  reports  also  indicate he  had  additional  duties  as 
Assistant  Mortuary  Officer  or  the  shift  commander  for mortuary 
operations in earlier assignments and, in later assignments, he 
assisted the Chief of Services in managing mortuary affairs. 
The  remaining  relevant  facts  pertaining  to  this  application, 
extracted from the applicant's military records, are contained in 
the letter prepared by the appropriate office of the Air  Force. 
Accordingly,  there  is  no  need  to  recite  these  facts  in  this 
Record of Proceedings. 

A I R   FORCE EVALUATION: 
The  AFBCMR  Medical  Consultant  reviewed  this  appeal  and  states 
that  evidence  of  record  and  medical  examinations  prior  to 
separation indicate applicant was fit and medically qualified for 
continued military service or appropriate separation and did not 
have any physical or mental condition which would have warranted 

? 

consideration under  the  provisions  of  AFR  35-4. While  it  can 
certainly be  disconcerting  to  deal  with  [several civilian  and 
military deaths as assistant mortuary affairs officer] , there is 
no  record  that  it  adversely  affected  his  duty  performance  or 
psychological  well-being  during  his  service  years.  His  other 
medical problems were minor in nature and not of such severity to 
trigger a physical disability evaluation. He was involved in at 
least  four motor vehicle accidents  (WAS) in a  13 month period 
between September 1987 and October 1988, events which were later 
considered  by  the  Department  of  Veterans  Affairs  (DVA)  in 
awarding  service-connected disabilities for traumatic  arthritis 
symptoms.  The  Consultant  also  explains  the  differences between 
the Air Force and the DVA disability systems. He recommends the 
case be denied. 

A copy of the complete evaluation is at Exhibit C. 

The Chief, USAF Physical Disability Division, HQ AFPC/DPPD, also 
evaluated  the  case  and  verifies  that  the  applicant  was  never 
referred to or considered by the Air Force Disability Evaluation 
System.  The  Chief  explains  the  "presumption  of  fitness" 
requirement  and  contends  the  applicant  has  not  submitted  any 
material  or  documentation  to  show that  he  was  unfit  due  to  a 
physical disability under the provisions of Title 10, USC, at the 
time  of  his  voluntary  discharge  from  active  duty.  The  Chief 
recommends the applicant's request be denied. 
A copy of the complete evaluation is at Exhibit D. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

I 

Applicant  reviewed  the  evaluations  and  provides  supporting 
statements which  he  believes  demonstrate  that, because  of  the 
hated  Mortuary  Affairs  work  he  did,  he  suffered  from  Post 
Traumatic  Stress  Disorder  (PTSD)  while  on  active  duty.  He 
provides his ''Stressor Letter," upon which the DVA rated him for 
PTSD. He asserts he will always need treatment for PTSD. 
A copy of applicant's complete response is at Exhibit F. 

THE BOARD CONCLUDES THAT: 

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

The application was not timely filed; however, it is in the 

2. 
interest of justice to excuse the failure to timely file. 
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 

2 

98-00067 

submission, we  are  not  persuaded  that  his  release  from  active. 
duty under the  SSB  program  be  changed to a medical retirement. 
His  contentions  are  duly  noted; however, we  do  not  find  these 
uncorroborated  assertions,  in  and  by  themselves,  sufficiently 
persuasive to override the rationale provided by  the Air Force. 
We  acknowledge  the  distressing  nature  of  mortuary  duties. 
However, at the time of his discharge, the applicant was fit and 
medically qualified for continued military service or appropriate 
separation. He  has  not  provided  persuasive  evidence  showing he 
overcame  the  presumption  of  fitness  and  was  unfit  due  to  a 
disability under the provisions of Title 10, USC, at the time of 
his  voluntary  discharge.  We  therefore  agree  with  the 
recommendations  of  the  Air  Force  and  adopt  the  rationale 
expressed as the basis  for our decision  that  the applicant has 
failed to sustain his burden that he has suffered either an error 
or  an  injustice.  In  view  of  the  above  and  absent  persuasive 
evidence  to  the  contrary,  we  find  no  compelling  basis  to 
recommend granting the relief sought. 

THE BOARD DETERMINES THAT: 

The  applicant  be  notified  that  the  evidence presented  did  not 
demonstrate, the  existence  of  probable  material  error  or 
injustice;  that  the  application was  denied  without  a  personal 
appearance; and  that  the  application will  only be  reconsidered 
upon  the  submission  of  newly  discovered  relevant  evidence  not 
considered with this application. 

The following members of the Board considered this application in 
Executive Session on 21 January 1999 under the provisions of AFI 
3 6 - 2 6 0 3  : 

Mr. Michael P. Higgins, Panel Chair 
Dr. Gerald B. Kauvar, Member 
Ms. Dorothy P. Loeb, Member 
documentary evidence was considered: 
DD Form 1 4 9 ,   dated 17 Nov 97, w/atchs. 
Applicant's Master Personnel Records. 
Letter, AFBCMR Medical Consultant, dated 4 Mar 
Letter, HQ AFPC/DPPD, dated 30 Apr 98. 
Letter, AFBCMR, dated 11 May 98. 
Letter, Applicant, dated 10 Jpl  98,  w/atchs. 

The following 
Exhibit A. 
Exhibit B. 
Exhibit C. 
Exhibit D . 
Exhibit E. 
Exhibit F. 

9 8 .  

Panel Chair 

3 

9 8 - 0 0 0 6 7  



Similar Decisions

  • AF | BCMR | CY1999 | 9703075

    Original file (9703075.doc) Auto-classification: Denied

    Had an MEB been initiated and presented to the Informal Physical Evaluation Board (IPEB) during the time frame just prior to his release, the Board would have found him unfit for continued military service and recommended he be discharged with severance pay with a 20% disability rating. A complete copy of the Air Force evaluation is attached at Exhibit D. The Chief, Claims Branch, Directorate of Debt and Claims Management, DFAS-DE/FYCC, states that after a thorough review of the...

  • AF | BCMR | CY1999 | BC-1997-03075

    Original file (BC-1997-03075.doc) Auto-classification: Denied

    Had an MEB been initiated and presented to the Informal Physical Evaluation Board (IPEB) during the time frame just prior to his release, the Board would have found him unfit for continued military service and recommended he be discharged with severance pay with a 20% disability rating. A complete copy of the Air Force evaluation is attached at Exhibit D. The Chief, Claims Branch, Directorate of Debt and Claims Management, DFAS-DE/FYCC, states that after a thorough review of the...

  • AF | BCMR | CY2001 | 9903131

    Original file (9903131.doc) Auto-classification: Denied

    The processing of a military member through the military disability evaluation system is determined by a Medical Evaluation Board (MEB) when the member is determined to be medically disqualified for continued military service. The Director of Personnel Program Management, ARPC/DPP, reviewed the case and states that to be eligible for Reserve retired pay under Title 10 USC, Section 12731 the applicant needs to complete at least 15 years, but less than 20 years of satisfactory service, with...

  • AF | BCMR | CY1998 | 9701083

    Original file (9701083.pdf) Auto-classification: Denied

    18, itseparation from the Military Service by Reason of Physical Disabilityii, one overcomes this presumption (1) only when the member, because of their disability, was physically unable to perform adequately the duties of their office, grade, rank or rating or that (2) acute, grave illness or injury or other deterioration of the member's physical condition occurs immediately prior to or coincident with their processing for a non-disability retirement Or separation. The applicant's complete...

  • AF | BCMR | CY1998 | 9603322

    Original file (9603322.pdf) Auto-classification: Denied

    Following discharge from the service, he has received disability compensation from the DVA and bases his request for records correction on this fact. Evidence of record established beyond all reasonable doubt that the applicant was medically qualified for continued active duty, that the reason for his separation was proper, and that no error or injustice occurred in this case. 2 A copy of the Air Force evaluation is attached at Exhibit C. The Chief, Disability Operations Branch, USAF...

  • AF | BCMR | CY1999 | BC-1998-01002

    Original file (BC-1998-01002.doc) Auto-classification: Denied

    On 20 October 1982, the applicant submitted a request for release from extended active duty to be effective 1 December 1982. A copy of the Air Force evaluation is attached at Exhibit C. The Chief, Physical Disability Division, HQ AFPC/DPPD, states that the purpose of the military disability evaluation 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. A copy of the Air Force evaluation is attached...

  • AF | BCMR | CY1999 | 9801002

    Original file (9801002.doc) Auto-classification: Denied

    On 20 October 1982, the applicant submitted a request for release from extended active duty to be effective 1 December 1982. A copy of the Air Force evaluation is attached at Exhibit C. The Chief, Physical Disability Division, HQ AFPC/DPPD, states that the purpose of the military disability evaluation 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. A copy of the Air Force evaluation is attached...

  • AF | BCMR | CY1999 | 9801410

    Original file (9801410.DOC) Auto-classification: Approved

    In the applicant’s case, the IPEB and FPEB during their evaluations both determined his condition as “May be Permanent.” The permanence determination of the applicant’s medical condition was based on the preponderance of medical evidence provided at the time of his medical evaluation. However, in our opinion, it appears that with proper rest and therapy, the applicant’s medical problem may have resolved itself within a reasonable period of time, he would have been able to return to his...

  • AF | BCMR | CY2002 | 0101553

    Original file (0101553.doc) Auto-classification: Approved

    On 19 May 97, an MEB found the applicant not world-wide qualified and recommended she be referred to an Informal Physical Evaluation Board (IPEB). He diagnosed her as having a personality disorder, not otherwise specified, and recommended administrative separation. On 9 Nov 98, the IPEB found her fit with an adjustment disorder which existed prior to service (EPTS) at the USAFA and recommended she be returned to duty.

  • AF | BCMR | CY2004 | BC-2004-00085

    Original file (BC-2004-00085.doc) Auto-classification: Denied

    The applicant’s separation exam on 27 Mar 92 cleared him for separation while reporting a history of pain in both knees, multiple knee surgeries, and that the applicant complained of still having problems. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant advises the mere presence of a medical condition does not qualify a member for disability evaluation. At the time of his separation medical exam, placing the applicant on...