RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01278
            INDEX CODE:  108.02

            COUNSEL:  DAV

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His disability discharge be changed to disability retirement.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The Formal Physical Evaluation Board (FPEB) did not  consider  several
key medical conditions; therefore, they were not rated  as  unfitting.
These  medical  conditions  are  secondary  to   multiple   sclerosis,
diagnosed less than a year after his discharge.

In support of his request, applicant submits copies  of  AF  Form  356
(Findings and Recommended Disposition of FPEB) and the decision by the
Department  of  Veterans  Affairs  (DVA).   The  applicant’s  complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
19 September 1988.  He was progressively  promoted  to  the  grade  of
staff sergeant (E-5), with an effective date  of  rank  of  1  October
1997.

Information  extracted  from  applicant’s  military  personnel  record
reveals his initial entry date  into  the  Weight  Management  Program
(WMP) as 1 October 1999.

A Medical Evaluation Board (MEB) was convened on 1 May 2001 and  their
diagnosis and findings were Sleep Apnea on continuous positive  airway
pressure (CPAP), with November 2000 as the approximate date of origin,
and mild Asthma, with December 1999 as the approximate date of origin.
 The MEB recommended return to duty.  The applicant and his  commander
disagreed with the findings and appealed to  the  Physical  Evaluation
Board.

On 30 May 2001, an Informal Physical Evaluation Board (IPEB)  convened
and established a diagnosis of Asthma,  mild  persistent,  with  a  10
percent  disability  rating  (an   unfitting   condition,   which   is
compensable and ratable); and, Sleep Apnea, markedly improved on  CPAP
(can be an unfitting  condition,  but  not  currently  compensable  or
ratable).  The IPEB found the  applicant  unfit  because  of  physical
disability and  recommended  discharge  with  severance  pay,  with  a
compensable disability rating of 10 percent.  On  13  June  2001,  the
applicant disagreed with the findings and recommended  disposition  of
the IPEB and requested a Formal PEB (FPEB).

On 11 July 2001, the  applicant  appeared  before  a  Formal  Physical
Evaluation Board (FPEB).  The FPEB found the applicant  unfit  due  to
his mild asthma and recommended discharge with severance pay,  with  a
compensable rating of ten percent.  On 12  July  2001,  the  applicant
disagreed with the findings and recommended disposition  of  the  FPEB
and appealed to the Secretary  of  the  Air  Force  Personnel  Council
(SAF/MRBP).

On 20 August 2001, after considering the applicant’s rebuttal  letter,
with attachments, the evidence  and  testimony  presented  before  the
FPEB, IPEB, service medical records and the medical summary leading to
the MEB, SAF/MRBP concurred with the recommendations of both the  IPEB
and FPEB for a disposition of separation with severance  pay,  with  a
combined disability rating  of  ten  percent.   Officials  within  the
Office of the Secretary of the Air Force directed that  the  applicant
be discharged with entitlement to disability  severance  pay,  with  a
disability rating of ten percent.

On 9 October 2001, the applicant was honorably  discharged  under  the
provisions of AFI 36-3212 (Disability, with Severance  Pay).   He  had
completed a total of 13 years and 21 days of active  service  and  was
serving in the grade of staff sergeant (E-5) at the time of discharge.

Information extracted  from  applicant’s  military  personnel  records
indicate that, on 25 July 2003, the  Department  of  Veterans  Affairs
granted the applicant a combined  disability  rating  of  80  percent,
effective 28 August 2002.
_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized the  information  contained  in
the applicant’s personnel and medical records and is  of  the  opinion
that no change in the applicant’s record is warranted.  Details of his
evaluation are at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  19
December 2003 for review and response.  As of this date,  no  response
has been received by this office (Exhibit D).
_________________________________________________________________

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  BCMR
Medical Consultant and adopt the rationale expressed as the basis  for
our decision that the applicant has failed to sustain his burden  that
he has suffered either an error or an injustice.  No evidence has been
provided to reflect he was not treated fairly and properly by the  Air
Force and all procedures were followed.  In  view  of  the  above  and
absent 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  this  application  in
Executive Session on 25 February 2004, under the provisions of AFI 36-
2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. Grover L. Dunn, Member
                  Mr. Charlie E. Williams Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 24 Nov 03.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.




                                   ROBERT S. BOYD
                                   Panel Chair