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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