RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 98-01901
                 INDEX  CODE 108.04  108.10
                 COUNSEL:  None

                 HEARING DESIRED: Yes
_________________________________________________________________

APPLICANT REQUESTS THAT:

His honorable discharge from the Air Force Reserves be  changed  to  a
medical [retirement].
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not given a discharge physical, he should have  had  a  medical
retirement due to his stroke, and he was never informed of his  rights
to appeal or afforded the chance to appeal.

A copy of applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

During the  period  in  question,  the  applicant  was  an  Individual
Mobilization Augmentee (IMA) serving as a Protestant chaplain  in  the
grade of major for the 9018 Air Reserve Center (ARC),  ARPC  at  Lowry
AFB, CO with attached unit at 60 AMW (AMC), Travis AFB, CA.

The following information was compiled from available military/medical
records:

The applicant was first diagnosed with diabetes mellitus (DM) Type  II
in July 1994.  The DM was controlled with diet and oral medication.

A 29 July 1994 Veterans Affairs (VA)  Medical  Center  entry  reflects
that the applicant had a  “mild  stroke”  on  17  July  1994  and  was
hospitalized  for  two  days  for  evaluation  and  observation.   The
applicant apparently sustained speech impairment and was  referred  to
Speech Pathology.

On 3 April 1996, during a periodic examination,  the  physician  noted
that the electro-cardiogram (EKG) reflected  a  negative  left  bundle
branch block (LBBB) of the heart and  recommended  further  cardiology
work-up by the applicant’s primary  physician.  Applicant’s  worldwide
service was questionable.

The applicant was evaluated by the Wilford Hall Medical Center  (WHMC)
Cardiology Clinic on 4  April  1996.   The  applicant  apparently  was
asymptomatic and had been undergoing speech  therapy  for  two  years.
Further evaluation was recommended.

On  31  July  1996,  HQ  ARPC/SGS   recommended   the   applicant   be
administratively  discharged  for  medical   disqualification,   i.e.,
neurological condition with residual speech disturbance, and  that  he
was not eligible for disability processing under the provisions of AFI
36-3212, Physical Evaluation for Retention, Retirement and  AFMPC/DPMA
Separations.

On 15 August 1996, the applicant was  advised  that,  after  the  ARPC
Surgeon and  Legal  Offices  reviewed  his  medical  package,  he  was
medically disqualified for continued military service for  the  reason
indicated above. His case was being  forwarded  to  HQ  ARPC/DPAD  for
Administrative Discharge processing.  The  applicant  was  advised  to
submit any questions or other medical  documents  that  had  not  been
considered in determining his fitness to HQ ARPC/SGS.

By Reserve Order JR-1264, dated 19 August 1996, applicant was relieved
from the 9018 ARC and  assigned  to  HQ  ARPC  Non-Affiliated  Reserve
Section (NARS) effective 5 September 1996 due to his  being  processed
for medical reasons.

On 28 August 1996, the applicant submitted new  medical  documentation
for HQ ARPC/DPAD’s review  and  determination  whether  he  was  still
physically disqualified.  The applicant’s physician provided a  letter
indicating  he  was  unable  to  render  an  opinion   regarding   the
applicant’s suitability for military  service;  however  his  [medical
record] was without significant physical disability.

HQ ARPC/SGS  advised  HQ  ARPC/DPAD  on  6  September  1996  that  the
applicant’s new medical documentation  had  been  reviewed  but  still
justified administrative discharge. The new documentation  showed  the
following medical conditions:

            a. Status Post Cerebrovascular Accident with continued
                  speech disturbance.
            b. LBBB with decreased heart function and left ventricular
                  hypertrophy.
            c. DM requiring oral medication.
            d. Hypertension.

HQ ARPC/SG also indicated conditions a. and c. were disqualifying  for
continued military service.

On 16 September 1996, HQ  ARPC/DPAD  notified  the  applicant  of  the
proposed discharge for medical  disqualification  under  AFI  36-3209,
Separation Procedures for Air National Guard  and  Air  Force  Reserve
Members, and that disability processing  under  AFI  36-3212  was  not
authorized. Applicant was advised of his right to counsel and to  have
his case reviewed by an administrative discharge board.  The  function
of such a board was limited to  making  findings  and  recommendations
concerning whether a medical  determination  of  disqualification  had
been made by the appropriate surgeon and was evidenced in  the  manner
prescribed by AFI 48-123,  Medical  Examinations  and  Standards.  Any
rebutting medical evidence should  be  submitted  to  the  appropriate
surgeon for further consideration and not directly to the  board.  The
applicant was also advised that  he  could  transfer  to  the  Retired
Reserves (in an honorary status with no entitlement to retired pay  or
benefits) in lieu of involuntary separation. The applicant signed  the
letter’s receipt  and  acknowledgment  forms  on  20  September  1996,
indicating he elected the area defense counsel (ADC), would not  apply
for transfer to the Retired Reserves or resign, would not comment, and
elected to have his  case  reviewed  by  a  Physical  Disqualification
Review Board (PDRB).

As of 21 September 1996,  applicant’s  Reserve  Point  Credit  Summary
reflected  he  had  13  years  of  satisfactory  Federal  Service  for
retirement.

A  PDRB  was  convened  and,  on  26  October  1996,  found  that  the
applicant’s physical disqualification  was  made  by  the  appropriate
surgeon pursuant to AFI 48-123, and that applicant’s  disqualification
was not incident to service. The board  recommended  he  be  honorably
discharged.  The board proceedings were approved  by  the  HQ  ARPC/DP
commander on 11 December 1997.

Review by HQ ARPC/JA on  13  December  1996  found  the  PDRB  legally
sufficient, confirmed that  the  board  did  review  all  the  medical
documentation (including the applicant’s new documentation), and found
no  errors  or  irregularities  prejudicial  to  the  substantive   or
procedural rights of the applicant. The JA recommended the  Commander,
HQ ARPC, approve the PDRB recommendation of honorable discharge, which
he did on 18 December 1996.

By Reserve Order CL-038, the applicant was relieved from assignment at
HQ ARPC (NARS/NA), and honorably discharged from all  appointments  in
the US Air Force effective 15 January 1997.

A Department of Veterans Affairs (DVA) evaluation dated  19  May  1997
reflects diagnoses of DM Type II, history of cerebrovascular  accident
with slurred speech in 1994 with fairly well recovery,  glaucoma,  and
asymptomatic LBBB. A January 1999 DVA evaluation denied his claim  for
service-connected disability compensation for hypertension,  residuals
of stroke, LBBB with decreased heart  function  and  left  ventricular
hypertrophy, DM, and glaucoma.

________________________________________________________________

AIR FORCE EVALUATION:

The Director, Health Services, HQ ARPC/SG, advises that major  changes
in the applicant’s medical condition occurred two years before  the  3
April 1996 standard periodic exam  but  were  never  reported  to  the
correct office. There was no Line of Duty determination  made  because
there were no events requiring military evaluation or intervention. HQ
ARPC/SG  was  not  aware  of  any  potentially  disqualifying  medical
conditions (current or historical) until  notified  by  the  staff  of
WHMC. The Director concludes that  the  information  provided  clearly
shows the medical conditions that led to the  applicant’s  separation.
The  documentation  also  shows  that  two  of  the  three  applicable
diagnoses occurred one-two years  prior  to  the  exam.  Discovery  of
disqualifying conditions while a member is on some sort of status does
not equate to a medical retirement. Denial is recommended.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reviewed  the  evaluation  and  provides  more  medical
documents  and  a  letter  from  a  former  supervisor  chaplain.  The
supervisor chaplain asserts the applicant informed him of  the  stroke
and diabetic condition in July 1994. The applicant also  informed  the
Base IMA Director. The applicant was advised at that time  not  to  do
the bicycle test for a year but to continue his  Reserve  training  as
long as his health did not interfere with his work. The applicant  was
cleared by his private physician and was ultimately promoted to major.

Applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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 the appeal should be granted.  The  applicant’s  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 Director, Health Services,  HQ  ARPC/SG.
We therefore agree with the recommendations of the Air Force  Reserves
and adopt the rationale expressed as the basis for our  decision  that
the applicant has failed to sustain  his  burden  of  having  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.

4.    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 legal counsel, would not  have  materially
added to that understanding.  Therefore, the request for a hearing  is
not favorably considered.
_________________________________________________________________

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 6 July 1999, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Gary Appleton, Member
                  Ms. Patricia A. Vestal, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Jul 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/SG, dated 9 Sep 98, w/atchs.
   Exhibit D.  Letter, AFBCMR, dated 28 Sep 98.
   Exhibit D.  Letter, Applicant, dated 20 Nov 98.




                                   RICHARD A. PETERSON
                                   Panel Chair