ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 96-01266

            COUNSEL:  JOSEPH W. KASTL

            HEARING DESIRED:  YES


_________________________________________________________________

RESUME OF CASE:

On 24 February 1998, the  Board  considered  applicant’s  request  that  the
Officer Effectiveness Report (OER)  rendered  for  the  period  1  May  1976
through 30 April 1977 be removed from his records, and he be  considered  by
Special Selection Board (SSB) for promotion to  the  grade  of  colonel;  if
selected for promotion by the  SSB,  he  be  reimbursed  for  back  pay  and
allowances; and he be  placed  on  the  Temporary  Disability  Retired  List
(TDRL). The Board found sufficient evidence of probable error  or  injustice
to  warrant  permanently  retiring  the  applicant  by  reason  of  physical
disability effective 1 July 1977, with a 40%  disability  rating.   However,
the Board  found  no  basis  to  warrant  removing  the  contested  OER  and
providing the applicant promotion consideration to the grade of  colonel  by
an SSB.  A complete copy  of  the  Record  of  Proceedings  is  attached  at
Exhibit K.

In  an  application,  dated   26   May   2000,   the   applicant   requested
reconsideration of his appeal and amended his request  to  include  changing
his date of separation (DOS)  to  1  December  1977.   Applicant’s  complete
submission is attached at Exhibit L.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice  to  warrant  permanently  retiring
the applicant by reason of physical disability on 1 December 1977.  In  this
respect, we note that in his original application to  the  Board,  dated  30
April 1996, the applicant indicated that he retired  on  1  July  1977.   In
addition, the Air Force evaluations prepared in regard to  his  appeal  both
indicated the  applicant  was  retired  on  1  July  1977.   Based  on  this
information,  the  Board  assumed  the  applicant  retired  on  this   date.
However, based on the additional documentation submitted by the  applicant’s
counsel  (e.g.,  DD  Form  214,  Report  of  Separation  from  Active  Duty)
applicant retired for length of service on 1 December 1977,  rather  than  1
July 1977.  Had the Board known this at the time of its  original  decision,
it would  have  recommended  that  he  be  retired  by  reason  of  physical
disability on that date.  Therefore, we recommend his records  be  corrected
to the extent indicated below.

2.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  probable  error  or  injustice  regarding  the  remainder  of
applicant’s requests.  The statements  from  the  rating  officials  of  the
contested OER are duly noted; however, we are not persuaded the  report  was
inaccurate when written.  Therefore, in  the  absence  of  evidence  to  the
contrary, we find no basis upon which to recommend  favorable  consideration
of his  request  to  void  the  contested  OER  and  provide  him  promotion
consideration to the grade of colonel by an SSB.

3.    The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issue(s) involved.  Therefore,  the  request
for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

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

      a.    The Memorandum for the Chief of Staff, AFBCMR  96-01266,  issued
on 6 March 1998, as pertains to APPLICANT,  be  declared  void  and  removed
from his records.

       b.     On  30  November  1977,  the  diagnosis  in   his   case   was
hemochromotosis, requiring frequent phlebotomy,  VA  Diagnostic  Code  7799-
7704, rated at 40%; that the total  combined  compensable  rating  was  40%;
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 national emergency; and that the disability  was
not received in line of duty as a direct result of armed conflict.

      c.    He was not retired for length of  service  effective  1 December
1977, but on that date he was permanently  retired  by  reason  of  physical
disability with a compensable disability rating of 40%.

_________________________________________________________________








The following members of the Board considered this application in  Executive
Session on 10 October 2000, under the provisions of AFI 36-2603:

                  Mrs. Barbara A. Westgate, Vice Chair
                  Mr. Patrick R. Wheeler, Member
                  Mr. Gregory H. Petkoff, Member

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

      Exhibit K.  Record of Proceedings, dated 6 Mar 98,
                w/atchs.
      Exhibit L.  DD Form 149, dated 26 May 00, w/atchs.




                                   BARBARA A. WESTGATE
                                Vice Chair



AFBCMR 96-01266




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.    The Memorandum for the Chief of Staff, AFBCMR 96-01266, issued
on 6 March 1998, as pertains to APPLICANT, be, and hereby is, declared void
and removed from his records.

      b.    On 30 November 1977, the diagnosis in his case was
hemochromotosis, requiring frequent phlebotomy, VA Diagnostic Code 7799-
7704, rated at 40%; that the total combined compensable rating was 40%;
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 national emergency; and that the disability was
not received in line of duty as a direct result of armed conflict.

      c.    He was not retired for length of service effective 1 December
1977, but on that date he was permanently retired by reason of physical
disability with a compensable disability rating of 40%.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency