RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00621
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His involuntary release from active duty due to medical condition
considered to have existed prior to service (EPTS) be set aside, and
he either be given a disability discharge with entitlement to
disability severance pay or a disability retirement.
_________________________________________________________________
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 offices of the Air Force. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief Medical Consultant, AFBCMR, reviewed the application and
recommended denial.
A complete copy of the evaluation is attached at Exhibit C.
The Chief, Special Actions/BCMR Advisories, AFPC/DPPD, reviewed the
application and recommended denial.
A complete copy of the evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 November 2000, complete 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. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough
review of the evidence of record and applicant’s submission, we are
not persuaded that his records should be changed. Applicant’s
contentions are noted; however, we do not find these uncorroborated
assertions, in and by themselves, sufficiently persuasive to override
the rational provided by the Air Force. Applicant has provided no
persuasive evidence that his prior to service medical condition was
improperly rated and processed at the time of his discharge. We
therefore agree with the recommendations of the Air Force and adopt
the rational expressed as the basis for our decision that the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice. Therefore, in the absence of substantial
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 5 March 2001, under the provisions of AFI 36-
2603:
Ms. Kathy Boockholdt, Panel Chair
Ms. Margaret A. Zook, Member
Mr. Daniel F. Wenker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Dec 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 5 Sept 00.
Exhibit D. Letter, AFPC/DPPD, dated 25 Oct 00.
Exhibit E. Letter, SAF/MIBR, dated 10 Nov 00.
KATHY BOOCKHOLDT
Panel Chair
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