RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03351

            INDEX CODE: 110.02

            COUNSEL:  DAV

            HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His honorable discharge be changed to a medical retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The 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.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed the application and states that  action
and disposition in this case are proper  and  reflect  compliance  with  Air
Force directives which implement the law.  Evidence  of  record  establishes
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.   The  Medical  Consultant
recommends that the application be denied.

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

The  Chief,  Special  Actions/BCMR  Advisories,  USAF  Physical   Disability
Division, Directorate of Pers  Prog  Management,  AFPC/DPPD,  reviewed  this
application and states that they verify the applicant was never referred  to
or considered by the  Air  Force  Disability  Evaluation  System  under  the
provisions of AFI 36-3212.  An examination  of  the  records  revealed  that
although the member was treated for  various  medical  conditions  while  on
active duty, none were serious  enough  to  make  him  unfit  for  continued
military service.  A review  of  the  applicant’s  last  performance  report
reflects that he was able to perform  his  assigned  military  duties  as  a
Pickup and Delivery Journeyman right up until the time he was released  from
active duty.  Following a thorough review of the case  file,  they  find  no
error or injustice that would merit a change  to  the  applicant’s  military
records.  The request for a military disability retirement is without  legal
basis.  The applicant has not submitted any  material  or  documentation  to
show that he was unfit due to a physical disability under the provisions  of
Chapter 61, Title 10, United States Code, at the  time  of  his  involuntary
discharge.  They recommend denial of the applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations  and  states  the  criteria
for a 30% disability evaluation was  met  at  the  time  of  discharge  from
active duty.  It is unfair and unjust to hold a service  member  responsible
for trying to continue to perform his duties, when  medical  conditions  are
present  in  sufficient  severity  to  merit  a  medical  retirement.   This
disability did not progress, it was present at time of  his  discharge  from
the Air Force.

Counsel also submits a statement stating  that  of  particular  interest  in
this case are four medical reports from the former service member’s  service
medical record.  In each of these  reports,  there  was  a  statement  which
concludes that the member should be, at that time,  referred  to  a  Medical
Evaluation Board (MEB).  Had the Air Force performed an MEB  on  the  former
service member, it might have concluded that he was indeed not fit for  duty
and the appropriate evaluation applied.

Applicant’s and Counsel’s responses are at Exhibit F.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  reviewed  the  application  and  states  that
consideration of MEB presentation does not necessarily  equate  with  actual
consideration in the disability evaluation system,  this  depending  on  the
individual’s ability (or lack thereof) to perform  all  duties  commensurate
with  grade,  rank  or  station.   As  previously  noted,  the   applicant’s
performance reports did not reflect inability to perform his duties, and  no
information is found from his chain of command  that  he  was  incapacitated
from such duty performance secondary to his medical  problems.   As  he  was
not  unfit  for  duty,  disability  consideration  was  not  appropriate  or
warranted.  The BCMR Medical Consultant is of the opinion that no change  in
the records is warranted and the application should be denied.

A complete copy of the evaluation is attached at Exhibit G.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
and his counsel on 18 August 1999, for review  and  response.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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.  Applicant’s contentions are  duly
noted; however, we agree with the opinion  and  recommendation  of  the  Air
Force and adopt their rationale as the basis for  our  conclusion  that  the
applicant has not been the victim of an error or injustice.  Title 10,  USC,
Chapter 61 is the federal statute that charges the Service Secretaries  with
maintaining a fit and vital force.   For  an  individual  to  be  considered
unfit for military service, there must be  a  medical  condition  so  severe
that it  prevents  performance  of  any  work  commensurate  with  rank  and
experience.   Evidence  of  record  indicates  the  applicant  was  fit  and
medically qualified for continued  military  service  at  the  time  of  his
separation.  Therefore, in the absence of evidence to the contrary, we  find
no compelling  basis  to  recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

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  on  19
October 1999 under the provisions of AFI 36-2603:

                 Ms. Rita S. Looney, Panel Chair
                 Ms. Patricia D. Vestal, Member
                 Mr. John E. Pettit, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 Oct 98, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 21 Apr 99.
   Exhibit D.  Letter, AFPC/DPPD, dated 14 May 99.
   Exhibit E.  Letter, AFBCMR, dated 1 Jun 99.
   Exhibit F.  Applicant’s/Counsel’s responses, dated 4 Jul 99
                       and 8 Jul 99.
   Exhibit G.  Letter, BCMR Medical Consultant, dated 16 Aug 99.
   Exhibit H.  Letter, AFBCMR, dated 18 Aug 99.






                                   RITA S. LOONEY
                                   Panel Chair