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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