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Decision Text

AF | BCMR | CY1999 | 9801050
Original file (9801050.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-01050
            INDEX CODE:  110.02
      XXXXXXX    COUNSEL:  DAV

      XXXXXXX    HEARING DESIRED: NO


Applicant  requests  his  disability  discharge  be  changed  to  a  medical
retirement.  Applicant's submission is at Exhibit A.

The  appropriate  Air  Force  offices  evaluated  applicant's  request   and
provided advisory opinions to the  Board  recommending  the  application  be
denied  (Exhibit  C).   The  advisory  opinions  were   forwarded   to   the
applicant's counsel and 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 Air Force is required to  rate  disabilities
in accordance with the VA Schedule for Rating  Disabilities.   However,  the
VA operates under a totally  separate  system  with  a  different  statutory
basis.  In this respect, we note that the VA rates for any and  all  service
connected  conditions,  to   the   degree   they   interfere   with   future
employability, without consideration of  fitness.   Whereas  the  Air  Force
rates a member’s disability at  the  time  of  separation.   The  facts  and
opinions stated in the advisory opinion 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 XXXXXXXX considered  this  application  on  12  January
1999 in accordance with the provisions of  Air  Force  Instruction  36-2603,
and the governing statute, 10, U.S.C. 1552.




                             Panel Chair

Exhibits:

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

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