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AF | BCMR | CY2003 | BC-2003-01348
Original file (BC-2003-01348.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01348
            INDEX NUMBER:  108.00
      XXXXXXXXXXXXXXX  COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be granted a medical retirement from the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was previously placed on  the  Temporary  Disability  Retired  List
(TDRL).

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 20 Apr 1983.  In
Jan 84, medical authorities recommended  that  the  applicant  meet  a
medical evaluation board (MEB) based on  his  previous  diagnosis  and
treatment for diabetes mellitus, Type I, insulin dependent.  On 2  Feb
84, the applicant met a MEB, which  determined  that  the  applicant’s
diabetes was under fair control and recommended that he be returned to
duty.  Because the applicant’s defect rendered  him  questionable  for
worldwide duty, it  was  recommended  that  the  applicant’s  case  be
presented to the Informal Physical Evaluation Board (IPEB).  On 28 Feb
84, the IPEB found that the applicant’s defect rendered him physically
unfit for worldwide  duty  and  recommended  that  he  be  temporarily
retired.  On 5 Mar 84, the applicant concurred with the  findings  and
recommended disposition of the IPEB.  On 3 Apr 84, the  applicant  was
placed on the TDRL with a 40% disability rating.  On 28  May  85,  the
IPEB reevaluated the applicant and recommended that he be  permanently
retired.  On 14 Jun 85, the applicant concurred with  the  recommended
findings of the IPEB.  On 12 Jul 85, the Secretary of  the  Air  Force
(SECAF) approved the recommendation that the applicant be removed from
the TDRL effective 1 Aug 85.  The applicant was removed from the  TDRL
and retired from the Air Force on 1  Aug  85  with  a  40%  disability
rating.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD  advised  that  the  applicant  already  has   a   permanent
disability discharge with a 40% disability  rating.   They  determined
that no error or injustice occurred during  his  process  through  the
Disability Evaluation System.   Since  the  applicant  already  has  a
disability retirement, no further action is required.

The complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
30 May 03 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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  error  or  injustice.   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
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  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 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 Docket  Number  BC-2003-
01348 in Executive Session on 20 August 2003, under the provisions  of
AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Ms. Leslie Abbott, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPD, dated 20 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 30 May 03.




                                   OLGA M. CRERAR
                                   Panel Chair

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