FIFTH ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1986-02531
INDEX CODE: 110.03
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His records be corrected to reflect that he did not separate from
active duty on 25 Jun 92, but was continued on active duty in the grade of
captain, and was promoted to the grade of major along with his
contemporaries, was tendered a Regular Air Force appointment, and assigned
to Charleston AFB, SC.
2. In the alternative, he requests his records be corrected to reflect
that he remained in the Air Force in the grade of captain, was tendered a
Regular Air Force appointment, was assigned to Charleston AFB, SC, and was
retired in the grade of captain on 1 Jan 2002
3. He be paid all back pay and allowances.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 Sep 85, he was honorably released from active duty as result of two
nonselections for promotion to the grade of captain. He enlisted in the
Regular Air Force on 10 Dec 85. On 25 Jun 92, he was found physically
unfit for continued military service and was discharged with severance pay.
He was credited with 14 years, 4 months, and 25 days and active service.
On 10 Jan 02, the Board granted his request that four Officer Effectiveness
Reports be removed from his records and directed that he be promoted to the
grade of captain. The Board denied that portion of his request in which he
requested continuation on active duty beyond 25 Jun 92. For an accounting
of the facts and circumstances surrounding the applicant’s requests and the
rationale of the earlier decision by the Board, see the Record of
Proceedings at Exhibit F.
In his request for reconsideration the applicant contends, in essence, that
during his processing for medical separation he was provided inaccurate,
unfair, incomplete, and poor advice. He was told by the medical officers
that if he fought the separation through a Formal Physical Evaluation
Board, the board would most likely end up separating him with less
disability than was recommended. He should have been briefed that his
chain of command, which would have insisted on his retention, could have
spoken on his behalf to recommend retention. Applicant later learned that
other options could have been taken instead of separation. He could have
been allowed more post surgery healing time, he could have been assigned
less strenuous duties, or he could have been reclassified into another
career field. The medical board that recommended separation was done at a
Naval hospital. Had he been examined at an Air Force facility he would
have been treated differently and the Air Force exam would not have
resulted in a recommendation for separation.
The correction to his records by the AFBCMR adjusted his record to reflect
that he did not separate on 13 Sep 85 and enlist in the Air Force, but that
he remained on active duty as a first lieutenant and was promoted to the
grade of captain. Had the corrected error not been in his record he would
not have separated and enlisted and the medical problems he incurred
performing duties as a warehouseman would not have developed and there
would have been no medical separation.
After he was separated from the Air Force almost immediate and continuous
improvement of his knee began. He began employment as a Detention Officer
after his discharge. He was given an extensive physical exam, including a
comprehensive stress test o his knee and passed the test with flying
colors. In his position he walks all day long and performs other
physically demanding duties without incident. Subsequent examinations by
civilian physicians show that his knee is now completely healed proving
that had the Air Force allowed time for his knee to heal he never would
have been medically separated.
In support of his request, applicant provided a personal statement, a
chronology of events, documents extracted from his civilian and military
medical records, and documentation pertaining to his post-service military
training. His complete submission, with attachments, is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. After again reviewing this application and the evidence provided in
support of the appeal, we remain unpersuaded that the applicant’s medical
discharge was erroneous or unjust. His contentions regarding his
disability processing are duly noted; however, we are not persuaded by his
uncorroborated assertions of miscounseling that errors or improprieties
existed in his disability processing, he was denied rights to which he was
entitled, or that he did not receive full and fair consideration under
disability evaluation guidelines. Irrespective of this Board's previous
decision to correct his records and taking into consideration the "what if"
scenario presented by the applicant, the fact remains that the applicant
was found unqualified for worldwide duty and unfit for further military
service by competent medical authority. His current medical condition
aside, it remains our determination that his separation by reason of
physical disability was appropriate at the time it was initiated and that
further change to his military record is not warranted. Therefore, we find
no basis upon which to favorably consider the requested relief.
2. 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 issues 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 probable 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 this application in Executive
Session on 26 Aug 04, under the provisions of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Mr. Jackson A. Hauslein, Member
Mr. Frederick R. Beaman, Member
The following documentary evidence was considered:
Exhibit F. Fifth Addendum to Record of Proceedings,
dated 10 Jan 02, w/with Exhibits.
Exhibit G. Applicant’s Letter, dated 9 Mar 04, w/atchs
CHARLES E. BENNETT
Panel Chair
AF | BCMR | CY2005 | BC-1986-02531-3
SIXTH ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-1986-02531 INDEX CODE: 110.03 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 28 Dec 06 _________________________________________________________________ APPLICANT REQUESTS THAT: 1. After again reviewing this application and the additional evidence provided in support of the applicant's appeal, it is the Board's opinion that favorable...
AF | BCMR | CY2005 | BC-2004-03891
The result of the MEB determined he was no longer physically able to serve in the Air Force Reserve. Applicant’s letter, with attachments is at Exhibit D. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Pursuant to the Board’s request, HQ USAF/JAA states that a Reserve commissioned officer that is transferred to the Retired Reserve is entitled to be placed on the retired list in the highest grade in which he served satisfactorily and in...
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). No such evidence is found in this record, and, therefore, the applicant’s request for a disability discharge cannot be granted. RECOMMENDATION: The BCMR Medical Consultant is of the opinion that the applicant’s request for a medical disability discharge is not supported by evidence of records and his request should, therefore, be denied.
AF | BCMR | CY2004 | BC-1994-03576-2
For an accounting of the facts and circumstances surrounding the application, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit G. In an application, dated 1 October 2003, the applicant requests reconsideration of his request and provides a copy of the Record of Proceedings of an AFBCMR case in which similar relief was granted. We find it troubling that, had the applicant taken the full 24 months to complete his program, he would have entered...
AF | BCMR | CY2005 | BC-2004-02202
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02202 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: A Letter of Reprimand (LOR), with an Unfavorable Information File (UIF), dated 27 March 2001, be removed from his records. His situation was reviewed by the Air Force Office of Special Investigation commander (AFOSI/CC) on 15 June 2001 and the...
AF | BCMR | CY2004 | BC-2004-02903
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02903 INDEX CODE: 131.00, 107.00 COUNSEL: Mr. Barry P. Steinberg HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Officer Selection Records (OSR) prepared for the 21 Sep 04 Special Board be corrected to include the Air Force Commendation Medal (AFCM) second oak leaf cluster (2OLC) awarded for the period 26 Nov 89...
AF | BCMR | CY2002 | BC-2002-03157
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03157 INDEX CODE: APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) be recalculated to provide one hundred (100) percent credit for the months spent completing his degree on the Educational Delay Program (EDP). A complete copy of the Air Force evaluation, with attachments,...
AF | BCMR | CY2003 | BC-2002-03157
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03157 INDEX CODE: APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) be recalculated to provide one hundred (100) percent credit for the months spent completing his degree on the Educational Delay Program (EDP). A complete copy of the Air Force evaluation, with attachments,...
AF | BCMR | CY2004 | BC-2003-03494
The IPEB recommended the applicant be permanently retired with a disability rating of 30 percent. The relevant facts pertaining to the applicant’s medical conditions are discussed in the advisory opinion provided by the AFBCMR Medical Consultant at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The Medical Consultant recommended denial noting the applicant was permanently retired by reason of physical disability for left...
On 30 Jan 98, the applicant was given an entry level separation from the Air National Guard and as a Reserve of the Air Force under the provisions of AFI 36-3209 (Erroneous Enlistment). After a thorough review of the available evidence, we are not persuaded that the applicant’s entry level separation based on the termination of her initial active duty training should be changed to a disability discharge. Therefore, we recommend that the applicant’s narrative reason for separation from the...