RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00036
INDEX CODE: 110.02, 108.10
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
___________________________________________________________________
APPLICANT REQUESTS THAT:
His voluntary retirement be changed to disability discharge.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Since he was diagnosed with cancer shortly after his retirement he should
have received a disability retirement in lieu of voluntary retirement.
In support of his application he provided a copy of his post-retirement
medical records from the Great Falls Clinic. A complete copy of his
submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant is a former rated officer who retired from the Air Force in the
grade of lieutenant colonel on 1 Apr 99 after 22 years and 10 months of
active military service.
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the letters prepared by
the appropriate offices of the Air Force. Accordingly, there is no need
to recite these facts in this Record of Proceedings.
___________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Chief, Medical Consultant reviewed this application and
recommends denial. His recommendation was based on the fact that the
applicant was not disabled for performance of his military duties up the
day he retired, which is the sole criterion for evaluation in the
disability system. In addition, the Chief, Medical Consultant noted that
it is even questionable whether signs of an impending or existing bladder
problem would have been detected had the applicant undergone a separation
physical (see Exhibit C).
AFPC/DPPD reviewed the application and also recommended denial. DPPD
contends that under military disability laws and policy, a service member
shall be considered unfit when the evidence establishes that the member,
due to physical disability, is unable to reasonably perform the duties of
his office, grade, rank, or rating. DPPD indicated that the applicant's
records reflect that he was fully capable of performing his assigned
duties up to the time of his retirement. A complete copy of this
evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 21
Apr 00 for review and response within 30 days. As of this date, this
office has received no response.
___________________________________________________________________
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, we agree with the opinion and recommendation of the Air Force
offices 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 an injustice. In this respect, based on the evidence of record, it
appears that the applicant was fully capable of performing his assigned
duties up to the date of his retirement. While we sympathize with the
applicant and wish him well, in the absence of evidence that refutes the
Air Force’s position in this matter, we find no compelling basis upon
which to grant disability retirement.
___________________________________________________________________
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 29 Jun 00, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. John E. Pettit, Member
Mr. Patrick R. Wheeler, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Dec 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 16 Feb 00.
Exhibit D. Letter, AFPC/DPPD, dated 7 Apr 00.
Exhibit E. Letter, SAF/MIBR, dated 21 Apr 00.
WAYNE R. GRACIE
Panel Chair
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