Search Decisions

Decision Text

AF | BCMR | CY2001 | 0002751
Original file (0002751.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02751
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His disability discharge be set aside, and that his disability  rating
be increased from 10 to 50 percent, and he  be  awarded  a  disability
retirement with all back pay and allowances retroactive from his  date
of discharge (November 1967).

_________________________________________________________________

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 letters prepared by
the  appropriate  offices  of  the  Air  Force  (Exhibits  C   &   D).
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant, reviewed this application and states that
the applicant’s  records  do  not  support  his  contention  that  his
disability resulted from a service-incurred injury, and the disability
evaluations performed following the  single  reported  incident  of  a
seizure were appropriate as was the  decision  to  discharge  him  for
unfitness without eligibility for  disability  compensation.   Without
documentation to support such a claim,  the  applicant  is  asking  to
grant consideration for an event that may or may  not  have  happened,
and the more likely scenario  is  that  the  college-related  loss  of
consciousness (LOC) was  the  precipitating  event  that  led  to  his
subsequent seizure, although this is unclear from the reports  of  his
evaluations.  Perhaps an even more  likely  cause  is  idiopathic,  an
unknown cause that is very often found in  such  cases.   Because  the
applicant furnishes no corroboration for his alleged Vietnam incident,
favorable  consideration  of  this  request  cannot  be   recommended.
Evidence of record shows beyond reasonable doubt  that  the  applicant
was properly evaluated and rated and that eligibility  for  disability
compensation was not appropriate under Chapter 61, 10 USC.  Therefore,
the consultant is of the opinion that no  change  in  the  records  is
warranted and the application should be denied.

A complete copy of the evaluation is attached at Exhibit C.

The Directorate of Personnel Program Management,  AFPC/DPPD,  reviewed
this application and states that  the  applicant  was  treated  fairly
throughout the entire  disability  evaluation  process,  that  he  was
properly  rated  under  federal  disability  guidelines,  and  he  was
afforded a full and fair hearing as required under military disability
laws and policy.  The medical aspects of this case are fully explained
by the  Medical  Consultant;  they  agree  with  his  advisory.   They
recommend denial of the  applicant’s  request.   The  member  has  not
submitted any material or documentation to show he was unfit due to  a
physical disability under the provisions of Chapter 61, Title 10, USC,
at the time of his involuntary disability discharge.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed  the  Air  Force  evaluations  and  provided  a
response, which is attached at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  r
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 warranting a  retroactive
medical disability retirement with all  pay  and  benefits.   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 and adopt their rationale as the basis  for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.
The applicant was properly evaluated and  rated  and  eligibility  for
disability compensation was not appropriate under  Chapter  61,  Title
10, United States code.  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  on  23
January 2001 under the provisions of AFI 36-2603:

                 Mr. Robert W. Zook, Panel Chair
                 Mr. Robert S. Boyd, Member
                 Mr. Edward C. Koenig, III, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 Oct 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 31 Oct 00.
   Exhibit D.  Letter, AFPC/DPPD, dated 14 Nov 00.
   Exhibit E.  Letter, SAF/MIBR, dated 22 Nov 00.
   Exhibit F.  Letter, Applicant, dated 24 Nov 00.





                                   ROBERT ZOOK
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2001 | 9903131

    Original file (9903131.doc) Auto-classification: Denied

    The processing of a military member through the military disability evaluation system is determined by a Medical Evaluation Board (MEB) when the member is determined to be medically disqualified for continued military service. The Director of Personnel Program Management, ARPC/DPP, reviewed the case and states that to be eligible for Reserve retired pay under Title 10 USC, Section 12731 the applicant needs to complete at least 15 years, but less than 20 years of satisfactory service, with...

  • AF | BCMR | CY2001 | 0003229

    Original file (0003229.doc) Auto-classification: Denied

    If it had he would not have separated from the Air Force. DPPRR states that on page 30 of the applicant’s original package, it is clearly documented that in October 1990, the applicant was diagnosed with Sarcoidosis and in April 1994 with Hepatitis C. The BCMR Medical Consultant’s letter dated 13 August 2001 further states that the member was aware of his medical condition at the time of separation. The applicant’s medical records clearly show that he was diagnosed with “Hepatitis C” in...

  • AF | BCMR | CY2001 | 0002202

    Original file (0002202.doc) Auto-classification: Denied

    He remained on the TDRL until 4 Feb 88, at which time he was permanently retired with a 50 percent disability rating. On the second examination, the PEB diagnosed him with Agoraphobia with panic attacks, with a severe industrial impairment and recommended that he be permanently retired with a 50 percent disability rating. In DPPD’s view, the applicant has not submitted any material or documentation to show he was improperly rated or processed under the provisions of military disability...

  • AF | BCMR | CY1998 | 9603322

    Original file (9603322.pdf) Auto-classification: Denied

    Following discharge from the service, he has received disability compensation from the DVA and bases his request for records correction on this fact. Evidence of record established beyond all reasonable doubt that the applicant was medically qualified for continued active duty, that the reason for his separation was proper, and that no error or injustice occurred in this case. 2 A copy of the Air Force evaluation is attached at Exhibit C. The Chief, Disability Operations Branch, USAF...

  • AF | BCMR | CY1998 | 9701142

    Original file (9701142.pdf) Auto-classification: Approved

    AIR FORCE EVALUATION: The BCMR Medical Consultant reviewed this application and indicated that the applicant developed a bipolar disorder during the course of her active duty service, a condition which had not 2 AFBCMR 97- 01142 J been diagnosed prior to her service (as suggested by the IPEB) nor which was aggravated by "willful noncompliance" as the FPEB found. The Medical Consultant is of the opinion that the applicant should receive relief from the disability evaluation system and have...

  • AF | BCMR | CY2001 | 0002305

    Original file (0002305.doc) Auto-classification: Approved

    A complete copy of the Air Force evaluation is attached at Exhibit C. The Chief, Special Actions/BCMR Advisories, AFPC/DPPD, also reviewed this application and indicated that records show that the applicant was treated for various medical conditions throughout his military career, none of which were severe enough to warrant that he be presented before a Medical Evaluation Board (MEB) or Physical Evaluation Board (PEB). Under military disability laws and policy, United States Air Force...

  • AF | BCMR | CY2004 | BC-2003-01560

    Original file (BC-2003-01560.doc) Auto-classification: Approved

    The BCMR Medical Consultant is of the opinion that the preponderance of the evidence does not support a finding of EPTS and recommends a change of records to show a disability discharge for Bulimia Nervosa at 10 percent. The decision to process a member through the military DES is determined by a Medical Evaluation Board (MEB) when he or she is determined disqualified for continued military service. Based on the assessment by the BCMR Medical Consultant, it appears probable that the...

  • AF | BCMR | CY2001 | 0002755

    Original file (0002755.doc) Auto-classification: Denied

    A complete copy of the Air Force evaluation is attached at Exhibit C. The Chief, Special Actions/BCMR Advisories, HQ AFPC/DPPD, also reviewed this application and states the medical disability evaluation system is used to determine if the service member’s medical condition renders him fit or unfit for continued military service. They further state that under military disability laws and policy, the boards can only rate those medical conditions which make the member unfit for...

  • AF | BCMR | CY2002 | 0000012A

    Original file (0000012A.doc) Auto-classification: Denied

    The AFPC/JA evaluation is at Exhibit L. ___________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: The applicant's counsel reiterated his previous assertions and states that he disagrees with DPPD and JA that the applicant did not provide any new evidence. ___________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: Counsel reviewed the additional advisory and provided a response which...

  • AF | BCMR | CY2003 | BC-2003-03661

    Original file (BC-2003-03661.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03291 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her general (under honorable conditions) discharge be set aside and she be given a disability retirement. ___________________________________________________________________ APPLICANT CONTENDS THAT: The discharge she received was...