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
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