RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  98-03481
                                  INDEX CODE 108.01 108.04 108.10
      XXXXXXXXX                         COUNSEL: No

      XXXXXXXXX                         HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His length of  service  (LOS)  retirement  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:

On 17 July 1997, the  applicant,  a  hazardous  materials  technician,
requested voluntary retirement effective 1 December 1998. According to
the available medical records, signs of multiple sclerosis  (MS)  were
first noted by the    Medical Group at    AFB,   , on 24  March  1998;
systemic lupus erythematosis (SLE) was considered.  Following  an  MRI
exam on 15 September 1998 by a civilian facility,  the  applicant  was
ultimately diagnosed as having MS. He was voluntarily retired for  LOS
on 1 December 1998 in the grade of master sergeant with 20  years  and
11 days of active service.

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.


_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant advises that there is  no  question  the
applicant was not properly  evaluated  and  diagnosed  in  the  period
between March and August  1998  while  he  was  in    .  Although  the
applicant’s condition was not one causing  inability  to  perform  his
military duties at the  time  of  retirement,  MS  is  one  of  a  few
conditions that carries a minimum rating  of  30%,  according  to  the
VASRD. Had the applicant been properly diagnosed, he should have  been
presented  to  a  Medical  Evaluation   Board   (MEB)   with   further
consideration in the disability evaluation system (DES),  which  would
then have been obligated to retire him with a 30%  disability,  either
temporarily or permanently.  The Consultant recommends  that  the  LOS
retirement should be changed to a medical retirement, 30%, under VASRD
Code 8018, MS.

A complete copy of the evaluation is at Exhibit C.

The Chief, Special Actions/BCMR Advisories, HQ AFPC/DPPD, acknowledges
that the limited records clearly reflect  he  was  diagnosed  with  MS
prior to his  approved  voluntary  LOS  retirement  date.   The  Chief
verifies that the applicant was never referred to or considered by the
DES. However, AFPC/DPPD submitted the entire case file to the Informal
Physical Evaluation Board (IPEB). The IPEB determined  that,  although
the applicant was diagnosed with MS while on active duty, it does  not
appear that his condition  was  serious  enough  that  he  would  have
overcome the presumption of fitness. The applicant has not shown  that
he was unfit due to a physical  disability  under  the  provisions  of
Chapter 61, Title 10, USC, at the time of his voluntary LOS retirement
and denial is recommended.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s nephew  provided  a  statement,  which  the  applicant
signed.  The applicant also submitted another rebuttal to  the  AFBCMR
Staff, as well as his Senator, at a later date. Essentially, if a  MRI
and spinal tap had been performed [while he was on active duty] as  he
had requested the MS would have been diagnosed in the Spring  of  1998
and treatment started. Today, he is totally disabled and unemployable.
He is currently waiting for the Department of Veterans  Affairs  (DVA)
to review and increase his disability rating. He  provides  additional
DVA documents.

The applicant’s complete responses, with attachments, are  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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice  to  warrant  relief.  We
note  that  HQ  AFPC/DPPD  disagreed  with  the  Medical  Consultant’s
recommendation  for  a  30%  disability  retirement.   However,  after
careful   consideration,   we   conclude   that    the    Consultant’s
recommendation and his rationale therefor appears to be the  one  most
supported by the evidence of record. The applicant has not stated what
specific percentage, if any, he believes is warranted for his illness.
However, while he may now have or may ultimately  be  given  a  higher
disability  rating  by  the  DVA,  the  Air  Force  disability  system
stipulates that the percentage must be based on a  member’s  condition
at the time of separation.  The Medical Consultant  advises  that  the
diagnosis of MS was confirmed prior to the applicant’s retirement  but
his condition at the time of retirement would  not  have  warranted  a
higher evaluation than 30%. Therefore, in order to preclude a possible
injustice,  we  agree  with  the  Consultant’s  suggested  relief  and
recommend the applicant's records be corrected to the extent indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

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

      a.  On 29 November 1998, he  was  found  unfit  to  perform  the
duties of his office, rank, grade or  rating  by  reason  of  physical
disability incurred while entitled to  receive  basic  pay;  that  the
diagnosis in his case is Multiple Sclerosis, disability rating 30%, VA
code 8018; that the disability was permanent; that the disability  was
not due  to  intentional  misconduct  or  willful  neglect;  that  the
disability was not incurred during a period of  unauthorized  absence;
that the disability was not  incurred  during  a  period  of  national
emergency; and that the disability was not received in line of duty as
a direct result of armed conflict.

      b.  He was not released from active duty on 30 November 1998 and
retired for length of service on 1 December 1998, but  on  30 November
1998 his name was placed on the Permanent Disability Retired List.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14 December 1999, under the provisions of AFI 36-
2603:

                  Ms. Patricia D. Zarodkiewicz, Panel Chair
                  Ms. Patricia J. Vestal, Member
                  Ms. Melinda J. Loftin, Member

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

   Exhibit A.  DD Form 149, dated 11 Dec 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 2 Jun 99.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 15 Jul 99.
   Exhibit E.  Letter, AFBCMR, dated 2 Aug 99.
   Exhibit F.  Letters, Applicant, dated 22 Aug, 20 & 28 Oct 99,
                       w/atchs.




                                   PATRICIA D. ZARODKIEWICZ
                                   Panel Chair

AFBCMR 98-03481


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 XXXXXXXXX, XXXXXXXXX, be corrected to show that:

           a.  On 29 November 1998, he was found unfit to perform the
duties of his office, rank, grade or rating by reason of physical
disability incurred while entitled to receive basic pay; that the
diagnosis in his case is Multiple Sclerosis, disability rating 30%, VA
code 8018; that the disability was permanent; that the disability was
not due to intentional misconduct or willful neglect; that the
disability was not incurred during a period of unauthorized absence;
that the disability was not incurred during a period of national
emergency; and that the disability was not received in line of duty as
a direct result of armed conflict.

           b.  He was not released from active duty on 30 November
1998 and retired for length of service on 1 December 1998, but on 30
November 1998 his name was placed on the Permanent Disability Retired
List.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency