INDEX CODE: 108.04
AFBCMR BC-1988-02974-2
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT: XXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Having carefully reviewed this application, we agree with the
recommendation of the Air Force office of primary responsibility and
adopt the rationale expressed as the basis for our decision that the
applicant has been the victim of either an error or an injustice.
Therefore, under the authority delegated in AFI 36-2603, the applicant's
records will be corrected as set forth in the accompanying Memorandum for
the Chief of Staff signed by the Executive Director of the Board or his
designee.
Members of the Board Ms. Cathlynn B. Sparks, Ms. Martha J. Evans,
and Mr. James E. Short considered this application on 29 June 2004.
CATHLYNN B. SPARKS
Panel Chair
Attachment:
Ltr, BCMR Medical Consultant, dated 16 Mar 04,
AFBCMR BC-1988-02974-2
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States Code and
Air Force Instruction 36-2603, and having assured compliance with the
provisions of the above regulation, the decision of the Air Force Board for
Correction of Military Records is announced, and it is directed that:
The pertinent military records of the Department of the Air Force
relating to XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that:
a. On 26 January 1987, he was found unfit to perform the duties of
his office, grade, rank, or rating by reason of physical disability,
incurred in line of duty and aggravated by service while entitled to
receive basic pay; that the diagnosis in his case was bilateral hallux
valgus, symptomatic on the right, DVA diagnostic code 5280, that the
compensable percentage was 10%; that the degree of impairment was
permanent; that the disability was not due to intentional misconduct or
willful neglect; that the disability was not incurred during a period of
unauthorized absence; and that the disability was not received in the line
of duty as a direct result of armed conflict or caused by an
instrumentality of war.
b. On 17 February 1987, he was not discharged with an entry-level
separation under the provisions of AFR 35-4 (Disability Existed Prior to
Service No Severance Pay), but on that date, he was honorably discharged by
reason of physical disability with entitlement to disability severance pay
under the provisions of AFR 35-4, with a separation code “JFL” and
Reenlistment Eligibility Code “2Q.”
JOHN J. D’ORAZIO
Chief Examiner
Air Force Board for Correction
of Military Records
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