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Decision Text

AF | BCMR | CY2001 | 0101438
Original file (0101438.doc) Auto-classification: Approved



     INDEX CODE:  108.00

      AFBCMR 01-01438








      MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR


      SUBJECT:


            Having carefully reviewed this application, we agree with the
      recommendation of the Air Force office of primary responsibility and
      adopt the rationale expressed as the basis for our decision that the
      applicant has been the victim of either an error or an injustice.
      Therefore, under the authority delegated in AFI 36-2603, the
      applicant's records will be corrected as set forth in the accompanying
      Memorandum for the Chief of Staff signed by the Executive Director of
      the Board or his designee.


            Members of the Board  Ms.  Peggy  E.  Gordon,  Mrs.  Carolyn  J.
      Watkins, and Mr. John B. Hennessey, considered this application on  24
      Oct 01.














            PEGGY E. GORDON
            Panel Chair




      Attachment:
      Ltr, AFPC/DPPD, dtd 24 Sep 01, w/Atch
      AFBCMR 01-01438






      MEMORANDUM FOR THE CHIEF OF STAFF


            Under the authority of Section 1552, Title 10, United States
      Code and Air Force Instruction 36-2603, and having assured compliance
      with the provisions of the above regulation, the decision of the Air
      Force Board for Correction of Military Records is announced, and it is
      directed that:


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


            a.  On 31 Jan 01, he was found unfit to perform the duties of
      his office, rank, grade, or rating by reason of physical disability
      incurred while entitled to receive basic pay; that the diagnosis in
      his case was Non-Small Cell Lung Carcinoma, VASRD code 6819, Neoplasms
      of respiratory system, rated at 100 percent; 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 unauthorized absence; and, that the disability was not
      received in the line of duty as a direct result of armed conflict or
      caused by an instrumentality of war.


            b.  Effective 31 Jan 01, he elected spouse-only coverage under
      the Supplemental Survivor Benefit Plan (SSBP) based on full retired
      pay at the 20 percent level and that his spouse concurred with his
      decision.


            c.  On 1 Feb 01, he was not retired for length of service under
      the provisions of AFI 36-3209, but instead he was permanently retired
      for a physical disability with a 100 percent disability rating under
      the provisions of Title 10, USC, Section 1202 and AFI 36-3212.










                                      JOHN J. D’ORAZIO
                                      Chief Examiner
                                      Air Force Board for Correction
                                      of Military Records




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