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AF | BCMR | CY2003 | Bc-2002-03758
Original file (Bc-2002-03758.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03758
            INDEX NUMBER:  108.00
      XXXXXXXXXXXXXXXX COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His medical records be reviewed to determine what level of  disability
he should receive.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Because he was geographically separated from  his  servicing  military
personnel flight (MPF), his  medical  records  were  not  reviewed  to
determine the level of disability pay he should  have  been  receiving
since his retirement.  He has several  chronic  health  problems  that
warrant disability payments.  In his records you will find  a  history
of kidney stones, skin problems,  foot  problems  requiring  supports,
knee problems, upper back pain, pre-cancerous cells on his face  prior
to retirement, right hip joint pain, as well as reflux disease.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active  duty  in  the  Air  Force  in  1978  and
voluntarily retired in the grade of master sergeant (E-7) effective  1
Dec 00.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial  of  the  applicant’s
request.  The applicant performed his duties during his career  in  an
excellent manner, including his last year of  service.   None  of  the
various medical conditions he  notes  interfered  with  his  excellent
performance of duty.  Review of his medical record finds no  condition
that would have warranted  evaluation  in  the  disability  system  or
prevented him from continuing to serve if he had so  chosen.   For  an
individual to be considered unfit for military service, there must  be
a medical condition so severe that it prevents performance of any work
commensurate with  rank  and  experience.   The  mere  presence  of  a
physical defect or condition does not qualify a member for  disability
retirement or discharge.   The  physical  defect  or  conditions  must
render the member unfit for duty, and their military career must  have
been cut short due to the service connected disability.  Members  with
an established separation or retirement date are presumed fit  in  the
final 12 months of service unless a  new,  serious  medical  condition
develops or there is a serious deterioration of  an  existing  chronic
condition.

The complete evaluation is at Exhibit C.

AFPC/DPPD recommends  denial  of  the  applicant’s  request.   Medical
records show that  the  applicant  was  treated  for  various  medical
conditions throughout  his  military  career.   The  preponderance  of
evidence does not show his career was  curtailed  or  shortened  as  a
result of an unfitting medical condition.   Military  records  clearly
indicate he was capable of performing his military duties as a Digital
Communications Manager right up until his  retirement.   His  military
career ended as a result of  his  election  to  retire  for  years  of
service, not due to a medical condition.

DODI 1332.38  states  that  military  members  who  have  an  approved
retirement  pending  are  under  a  rebutable  presumption  they   are
physically fit.  After completion of their assessment  of  this  case,
they were unable to  find  justification  to  recommend  a  disability
retirement for the service member.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
9 Jun 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 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  recommendations  of  the  Air
Force offices 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-2002-
03758 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 18 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 16 Apr 03.
    Exhibit D.  Memorandum, AFPC/DPPD, dated 5 Jun 03.
    Exhibit E.  Letter, SAF/MRBR, dated 9 Jun 03.




                                   OLGA M. CRERAR
                                   Panel Chair

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