RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 94-03988
INDEX CODE: 110.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he was not found medically
disqualified for continued service in the Air Force Reserve and
transferred to the Honorary Retired Reserve Section.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The physician who wrote and presented the summary to the Surgeon
General never checked with him on what he wrote about him. A new
physical examination taken for a sheet metal position at Tinker AFB
resulted in no physical limitations to do the work. The physical has
raised questions about his physical disqualification from the Air
Force Reserve.
In support of his appeal, the applicant provided extracts from his
medical records, to include statements from a physician, and
documentation pertaining to his physical disqualification.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates
that the applicant was transferred to the Retired Reserve as an
honorary retiree, effective 5 Aug 94. He was credited with 15 years,
6 months, and 2 days of satisfactory Federal service.
The relevant facts pertaining to this application are contained in the
letters 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 Health Services Individual Reserve Programs Section, ARPC/SGS,
reviewed this application and recommended denial. SGS noted that the
applicant was medically disqualified due to an acute anterior
myocardial infarction by HQ AFRES/SGP on 6 May 94. His case was
reviewed by the HQ ARPC Surgeon. The applicant’s myocardial profusion
scan done on 6 May 94 demonstrated an extensive defect to the wall of
the heart, it also noted an area of ischemia. According to SGS, these
conditions rendered the applicant medically disqualified for continued
service and worldwide duty.
A complete copy of the SGS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant indicated that he did not agree with the decision to support
his physical disqualification for world-wide duty. According to the
applicant, all medical decisions that were made by Administrative
Physical Disqualification Review Board were based on documentation
only, without the benefit of input from himself or his unit. He has
done his job without no restrictions and no physical problems.
Applicant’s complete response and additional documentary evidence are
at Exhibit D.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
Pursuant to the Board’s request, the Health Services Individual
Reserve Programs Section, ARPC/SG, reviewed this application and the
documents initiated to date as a result of the processing of the
appeal and recommended denial. According to SG, the information
provided was outdated and did not represent a current picture of the
member’s health. Additionally, no new information has been provided.
A complete copy of the SG evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
Applicant provided additional documentary evidence for the Board’s
consideration, which is attached at Exhibit F.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
Pursuant to the Board’s request, the Health Service Individual Reserve
Programs Section, ARPC/SG, reviewed this application and the documents
initiated to date as a result of the processing of the appeal and
recommended denial. According to SG, the information provided did not
show any cause to revoke the reassignment action initiated by HQ
AFRC/SG. The medical standards were correctly applied in 1994.
Medical evaluations from 1997 documented significant improvement in
the medical conditions that led to the reassignment action. However,
the information did not show any injustices toward the member were
related to decisions made in 1994.
A complete copy of the SG evaluation is at Exhibit G.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 4 Jan
99 for review and response. As of this date, no response has been
received by this office (Exhibit H).
_________________________________________________________________
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. We took notice of the
applicant's complete submission in judging the merits of the case.
However, after a careful review of the facts and circumstances of this
case, we find no evidence showing to our satisfaction that the
information used as a basis for his medical disqualification for
continued service in the Air Force Reserve was erroneous. In view of
the foregoing, we agree with the opinions and recommendations of the
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. 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 in
Executive Session on 4 May 99, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Mr. Joseph A. Roj, Member
Mr. Clarence D. Long III, Member
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 30 Sep 94 and 27 Jul 95,
w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/SGS, dated 6 Dec 94.
Exhibit D. Letter, SAF/MIBR, dated 26 Dec 94.
Exhibit E. Letter, applicant, undated.
Exhibit F. Letter, ARPC/SG, dated 7 Aug 97.
Exhibit G. Supporting documentation from applicant.
Exhibit H. Letter, applicant, dated 29 Oct 98.
Exhibit I. Letter, AFBCMR, dated 4 Jan 99.
TERRY A. YONKERS
Panel Chair
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 94-03988 INDEX CODE: 110.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that he was not found medically disqualified for continued service in the Air Force Reserve and transferred to the Honorary Retired Reserve Section. A complete copy of the SG evaluation is at Exhibit...
STATEMENT OF FACTS: In May 1997, applicant, a Reservist, while serving on active duty was dismounting a pumper truck ladder. She requested to be transferred to the Retired Reserve effective 3 August 1998. After reviewing the circumstances surrounding the applicant’s accident in May 1997, we are not persuaded that her medical condition of depression should be “In Line of Duty.” The BCMR Medical Consultant indicates that applicant’s depressive disorder predated the onset of her back problem.
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. ________________________________________________________________ AIR FORCE EVALUATION: The Director, Health Services, HQ ARPC/SG, advises that major...
AF | BCMR | CY1999 | BC-1997-01034A
Since there was no provision of law that permits receipt of retired pay unless this requirement has been met, the Board agreed with the Air Force evaluation and found no basis to recommend granting the relief sought. A copy of the Record of Proceedings is attached at Exhibit F. Applicant, with counsel, has submitted an application, dated 16 June 1998, requesting reconsideration of his earlier request to grant an additional two years of Reserve service to be eligible to receive Reserve...
Since there was no provision of law that permits receipt of retired pay unless this requirement has been met, the Board agreed with the Air Force evaluation and found no basis to recommend granting the relief sought. A copy of the Record of Proceedings is attached at Exhibit F. Applicant, with counsel, has submitted an application, dated , requesting reconsideration of his earlier request to grant an additional two years of Reserve service to be eligible to receive Reserve retired pay at...
Since there was no provision of law that permits receipt of retired pay unless this requirement has been met, the Board agreed with the Air Force evaluation and found no basis to recommend granting the relief sought. A copy of the Record of Proceedings is attached at Exhibit F. Applicant, with counsel, has submitted an application, dated 16 June 1998, requesting reconsideration of his earlier request to grant an additional two years of Reserve service to be eligible to receive Reserve...
AF | BCMR | CY2003 | BC-2003-00283
He had completed 16 years, 6 months, and 26 days of satisfactory service creditable toward retired pay eligibility at the time of his transfer to the Honorary Retired Reserve, 2 Sep 94. b. The applicant completed the service requirements and was medically disqualified; however, he was transferred to the Honorary Retired Reserve prior to the effective date of the law. Had the applicant been aware of the new law governing medically disqualified reserve members with over 15 years but less...
AF | BCMR | CY2004 | BC-2003-00283
He had completed 16 years, 6 months, and 26 days of satisfactory service creditable toward retired pay eligibility at the time of his transfer to the Honorary Retired Reserve, 2 Sep 94. b. The applicant completed the service requirements and was medically disqualified; however, he was transferred to the Honorary Retired Reserve prior to the effective date of the law. Had the applicant been aware of the new law governing medically disqualified reserve members with over 15 years but less...
AF | BCMR | CY2003 | BC-2002-00661
In May 95, the Air Force Medical Review Board determined that he was medically disqualified for worldwide duty. By letter, dated 6 Feb 03, the Board’s staff requested that the applicant provide any and all pertinent records that he had in his possession, as well as any medical documentation from any private physicians who may have provided him medical treatment (Exhibit E). The Medical Consultant noted that the applicant’s heart attack triggered medical disqualification by the Air Force Reserve.
His oncologist has stated that, had a testicular exam been done in October 1993, the cancer would have been diagnosed then. _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Physical Education Branch, HQ AFPC/DPAME, reviewed the case and states that for the period 1986-1994, while in Medical School on HPSP Scholarship and while completing his residency, the applicant was in an inactive, obligated Reserve status. A copy of the complete Air...