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AF | BCMR | CY2001 | BC-1996-01731A
Original file (BC-1996-01731A.doc) Auto-classification: Denied

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


IN THE MATTER OF:      DOCKET NUMBER:  96-01731

      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His disability rating be increased from 40% to 100%.

It be determined that his disability was received  as  a  direct  result  of
armed conflict or was caused by an instrument of war and  incurred  in  line
of duty during a period of war.

His Type II Diabetes, Mellitus with Peripheral Sensory/Motor  Neuropathy  be
rated under Disability guidelines.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was retired in the grade of technical sergeant (TSgt)  with  a
compensable disability rating of 40% effective    16 July 1994.

On 21 July 1998, the Board considered and denied the applicant’s request  to
increase his disability rating from 40% to 100%.  For an accounting  of  the
facts and circumstances surrounding the applicant’s  disability  retirement,
and, the rationale of the earlier decision by the Board, see the  Record  of
Proceedings at Exhibit H.

On 12 July 2001, the  applicant  submitted  a  request  for  reconsideration
through his Congressman, contending that the Air Force did not take time  to
check his symptoms out and that the doctors he saw knew he  was  exposed  to
Agent Orange.  Applicant provides a copy of a neurology evaluation  that  he
had performed by the Center for  Occupational  and  Environmental  Neurology
that he claims shows his neuropathy was caused  by  dioxins  in  his  system
(Exhibit I).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided in  support
of the appeal, we  remain  unpersuaded  that  the  applicant’s  due  process
rights  were  violated  during  the  disability  processing,  that  he   was
improperly evaluated, or that the  ratings  assigned  at  the  time  of  his
removal from  the  Temporary  Disability  Retired  List  were  erroneous  or
unjust.  The most recent submission by the applicant does  not  provide  any
new and conclusive evidence that was  not  considered  during  our  original
decision.  Rather, it provides a different opinion regarding  the  causative
agent in his diagnosed neuropathy.  Therefore, we have no basis on which  to
favorably consider the requested relief.
_________________________________________________________________

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 8 November 2001, under the provisions of AFI 36-2603:

      Mr. David W. Mulgrew, Panel Chair
      Mr. Terry A. Yonkers, Member
      Mr. Joseph G. Diamond, Member

The following documentary evidence was considered:

      Exhibit H.  Record of Proceedings, dated 6 Aug 98,w/Exhibits.
      Exhibit I.  Letter, Congressman Goode, dated 19 Jul 01,
                w/atchs




                                   DAVID W. MULGREW
                                   Panel Chair

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