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AF | BCMR | CY2000 | 0000036
Original file (0000036.doc) Auto-classification: Denied

                            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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