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AF | BCMR | CY2003 | BC-2003-01369
Original file (BC-2003-01369.doc) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01369
            INDEX CODE:  108.02

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His medical record be reviewed again based  on  events  that  followed
final adjudication of his case.

_________________________________________________________________

APPLICANT CONTENDS THAT:

New medical information became available after final  adjudication  of
his case that he believes warrants another review of his record.

In support of his appeal, applicant has provided medical documentation
and medical discharge paperwork.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, while a member of the  Maine  Air  National  Guard  (ME
ANG), met a Medical Evaluation Board (MEB) on 12 November  2002.   The
results  of  the  board  were  forwarded  to  the  Informal   Physical
Evaluation Board (IPEB) for review.  The IPEB found that the applicant
suffered from cardiomyopathy associated with atrial fibrillation  that
is considered unfitting for  continued  military  service.   The  IPEB
recommended that the applicant  be  permanently  retired  with  a  30%
disability rating and he agreed with the findings.dfghbvfd

The applicant was permanently retired  under  the  provisions  of  Air
Force Instruction (AFI) 36-3212 with a permanent disability rating  of
30%.  Applicant’s retirement was effective 24 April 2003  after  20.76
years of military service.  He was retired  in  the  grade  of  Senior
Master Sergeant (SMSgt).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD reviewed this  application  and  recommended  denial.   DPPD
presented  the  additional  medical  information,  provided   by   the
applicant, to the IPEB to determine if an error or injustice  occurred
at the time  of  the  original  MEB/PEB  process.   The  new  evidence
consisted of the loss of vision in his left eye, his anxiety disorder,
and  his  mild  neuropathy.   The  IPEB  reviewed  the  evidence   and
determined that the documentation failed to provide  any  new  medical
evidence that would change the original decision/recommendation.

DPPD indicates after reviewing the case file, and taking into  account
the additional medical data provided by the member, DPPD concluded the
applicant was treated fairly throughout the Air Force DES and that  he
was properly rated under Federal guidelines.  In addition, it was also
noted the applicant was afforded the opportunity for further review by
additional available boards during the DES process which he declined.

DPPD recommends no further action be taken on the applicant’s request.
 The additional information was reviewed on 6 May 2003, by  the  IPEB,
and found insufficient to alter the original findings.

AFPC/DPPD’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
16 May 2003 for review and comment within 30 days.  As of  this  date,
no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

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 opinions  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.  The applicant’s request to have  his
medical record re-reviewed on the introduction of new medical evidence
was, in fact, carried out by an  Informal  Physical  Evaluation  Board
(IPEB) on 6 May 2003 and found  insufficient  to  alter  the  original
findings.  Therefore, in the absence of evidence to the  contrary,  we
find no compelling basis to change the findings of the medical board.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2003-01369 in Executive Session on 5 August 2003, under the provisions
of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. Mike Novel, Member
      Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Apr 03, w/atchs.
    Exhibit B.  Applicant's Medical Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 8 May 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 16 May 03.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

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