Search Decisions

Decision Text

AF | BCMR | CY1999 | 9901140
Original file (9901140.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01140
            INDEX CODE:  110.00

      XXXXXXXXXXXXXXXXX      COUNSEL:  NONE

      XXXXXXXXXXX      HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His DD Form 214 (Certificate  of  Release  or  Discharge  from  Active
Duty), Block 28,  Narrative  Reason  for  Separation,  be  changed  to
disability.

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 this application  and  indicates
that the reason for discharge should be changed to Medical  Disability
Discharge without  entitlement  to  disability  separation  pay,  with
appropriate SPD and reenlistment  codes  applied.   The  applicant  is
entitled to continued treatment in the  DVA  system  with  changes  in
disability compensation occurring as circumstances warrant.

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

The Directorate of Personnel Program Management,  also  reviewed  this
application and states that  a  thorough  review  of  this  case  file
revealed no errors or injustice that  would  merit  a  change  to  his
military records to reflect that he was granted a disability discharge
under Title 10 USC.  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, USC, at the time of  his
involuntary  discharge.    Therefore,   they   recommend   denial   of
applicant’s request.

A complete copy of their Air Force evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 September  1999,  copies  of  the  Air  Force  evaluations  were
forwarded to the applicant for review and response within 30 days.  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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice warranting  a  change  to
applicant’s narrative reason  for  separation.   After  reviewing  the
evidence of record we agree  with  the  BCMR  Medical  Consultant  who
states that the applicant had no history of problems prior to entering
the military that could conceivably relate to any such condition,  and
it appears that he suffered an injury that was acute and unrelated  to
any constitutional problem.  The Medical Consultant also states that a
more appropriate action for the medical boards  to  have  taken  would
have been to find the applicant unfit  for  further  military  service
under provisions of AFI 36-3212 and AFI 48-123 and discharge him  with
a 10% disability for Right Sternoclavicular Joint Injury,  VASRD  Code
5203.  Since the applicant had less than six months of active duty, he
is not eligible for separation pay.  In view of the foregoing, and  in
an effort to offset any possibility of an injustice, we 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 21 July 1991, 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 was right sternoclavicular joint injury, VA code 5203,  rated
at 10  percent;  that  the  disability  may  be  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 discharged on 22 July 1991 under the provisions
of AFR 39-10, for failure to meet physical standards  for  enlistment,
but rather, he was  discharged  under  the  provisions  of  AFR  35-4,
Disability/No Severance Pay, and  issued  a  Reenlistment  Eligibility
(RE) code of “2Q” and a Separation Program Designator  (SPD)  Code  of
“JFP.”

The following members of the  Board  considered  this  application  in
Executive Session on 30 November 1999, under the provisions of AFI 36-
2603:

            Mr. Thomas S. Markiewicz, Panel Chair
            Mr. Gregory W. Den Herder, Member
            Mr. Edward C. Koenig, Member

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

  Exhibit A.  DD Form 149, dated 19 Mar 99, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, BCMR Medical Consultant, dated 10 Jun 99.
  Exhibit D.  Letter, AFPC/DPPD, dated 16 Aug 99.
  Exhibit E.  Letter, SAF/MIBR, dated 10 Sep 99.




            THOMAS S. MARKIEWICZ
            Panel Chair
AFBCMR 99-01140



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 APPLICANT, be corrected to show that:

                  a.  21 July 1991, 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 was right sternoclavicular joint injury, VA code
5203, rated at 10 percent; that the disability may be 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 discharged on 22 July 1991  under  the
provisions of AFR 39-10, for failure to meet  physical  standards  for
enlistment, but rather, he was discharged under the provisions of  AFR
35-4,  Disability/No  Severance  Pay,  and   issued   a   Reenlistment
Eligibility (RE) code of “2Q”  and  a  Separation  Program  Designator
(SPD) Code of “JFP.”




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2004 | BC-1988-02974-2

    Original file (BC-1988-02974-2.doc) Auto-classification: Approved

    INDEX CODE: 108.04 AFBCMR BC-1988-02974-2 MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR SUBJECT: XXXXXXXXXXXXXXXXXXXXXXXXXXXXX Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. CATHLYNN B. SPARKS Panel Chair Attachment: Ltr, BCMR Medical Consultant, dated 16 Mar...

  • AF | BCMR | CY2000 | 9901317

    Original file (9901317.doc) Auto-classification: Approved

    Based on the above, the Board majority believes the applicant should have been found unfit by reason of physical disability. He was not released from active duty on 15 August 1978, but was permanently retired by reason of physical disability, effective 16 August 1978. He was not released from active duty on 15 August 1978, but was permanently retired by reason of physical disability, effective 16 August 1978.

  • AF | BCMR | CY2000 | 9802981

    Original file (9802981.doc) Auto-classification: Approved

    However, after a review of the available evidence, we believe that there is sufficient evidence to raise doubt whether the accident occurred as a result of the applicant’s intentional misconduct or willful neglect. While he did not interview the applicant, as required by regulation and resulted in a determination that the investigation was legally insufficient, based on his discussion with the applicant’s first sergeant, he choose to believe the applicant’s version of the event. ...

  • AF | BCMR | CY2004 | bc-2003-00872

    Original file (bc-2003-00872.doc) Auto-classification: Approved

    However, should the AFBCMR determine the medical condition warrants a disability discharge with severance pay, the appropriate RE code would be “2Q - Personnel medically retired or discharged.” _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS: Complete copies of the Air Force evaluations were forwarded to the applicant on 23 January 2004 for review and response within 30 days. ...

  • AF | BCMR | CY1999 | 9900366

    Original file (9900366.doc) Auto-classification: Approved

    Panel Chair Attachments: 1. Ltr, BCMR Medical Consultant, dtd May 25, 1999 2. Ltr, AFPC/DPPD, dtd Jul 8, 1999, w/Atch INDEX CODE: 108.01, 108.02, 108.04, 128.08, 110.02 AFBCMR 99-00366 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is...

  • AF | BCMR | CY2003 | BC-2002-03941

    Original file (BC-2002-03941.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATIONS: The BCMR Medical Consultant recommends the application be denied and states, in part, that the applicant had an existing prior to service (EPTS) eye condition that was waived at the time of his enlistment and he completed his four-year term of service receiving an honorable discharge. His eye condition was noted in his enlistment, periodic, and separation medical examinations, and there was no evidence...

  • AF | BCMR | CY1999 | 9601013

    Original file (9601013.doc) Auto-classification: Approved

    Probably the most important evidence is the police report, which states the roads were wet and that applicant’s car hit the other vehicle prior to reaching Pierce Road intersection. A complete copy of the Air Force evaluation is attached at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel reviewed the Air Force opinions and contends that the entire thrust of this application is to show that the LOD IO did not...

  • AF | BCMR | CY2004 | BC-2003-01135

    Original file (BC-2003-01135.doc) Auto-classification: Approved

    Counsel states that the applicant was not separated because of a pre-existing condition, which was aggravated by active duty service. The majority of the Board believes that the BCMR Medical Consultant’s findings provide a reasonable basis to conclude that the injury to the applicant’s elbow while on active duty was a new and distinct injury rather than EPTS. Given that the applicant disclosed her previous elbow injury during her enlistment physical and was given a waiver, the majority of...

  • AF | BCMR | CY2005 | BC-2004-02386

    Original file (BC-2004-02386.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He has medical documentation stating that he never had asthma and chronic scrotal pain that does not exist. On 17 October 2002, the Secretary of the Air Force directed the applicant be separated from active duty service for physical disability under the provisions of 10 USC 1203, with severance pay. The BCMR Medical Consultant evaluation is at Exhibit...

  • AF | BCMR | CY2009 | BC-2009-00019

    Original file (BC-2009-00019.txt) Auto-classification: Approved

    _________________________________________________________________ STATEMENT OF FACTS: Applicant enlisted in the Air Force Reserve (AFR) on 28 Jul 75. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. Exhibit G. Letter, Counsel, dated 17 Sep 09.