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AF | BCMR | CY2004 | BC-2004-00577
Original file (BC-2004-00577.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00577
            INDEX CODE:  108.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His voluntary length of service retirement be  changed  to  a  medical
retirement.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was retired while still  on  medication  for  a  service  connected
medical  condition.   His  condition  warranted  referral   into   the
disability evaluation system and medical retirement.   This  condition
still exists and requires lifelong medication and treatment.

In support of his request, the applicant submits a copy of a  personal
letter he sent to the Secretary of the Air  Force,  with  attachments.
The   applicant’s   complete   submission,   with   attachments,    is
at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  Total  Active  Federal  Military  Service  Date   is
10 February 1967.  His service history consists of enlistment  in  the
Regular Air Force, Air National Guard (ANG)  and  Air  Force  Reserve.
During his tenure with the ANG (27 Aug 74 -  3  October  80),  he  was
promoted to the permanent  grade  of  senior  master  sergeant  (E-8),
Nevada ANG and Reserve of the Air Force, with an  effective  date  and
date of rank of 1 August 1979.  Following his separation from the  ANG
on 3 October 1980, he  was  transferred  to  the  Air  Force  Reserve,
Nonaffiliated Reserve Section (NARS).   On  26  August  1981,  he  was
relieved from his NARS assignment  and  honorable  discharged  in  the
grade of E-8.  On 6  October  1981,  the  applicant  enlisted  in  the
Regular Air Force in the grade of master sergeant (E-7).

On 26 September 1988, the applicant  requested  voluntary  retirement,
with an effective date of 1 April 1989.  On  31  March  1989,  he  was
relieved from active duty and retired in the grade of master  sergeant
(E-7) under the provisions  of  AFR  35-7  (voluntary--retirement  for
years of service established by law). He had completed a total  of  22
years, 1 month and 21 days of active service  for  retirement  and  24
years, 11 months and 21 days for basic  pay.   Effective  10  February
1997, the applicant  was  advanced  to  the  grade  of  senior  master
sergeant  on  the  Air  Force  retired  list  based   on   the   prior
determination by the Secretary of the Air Force that the applicant had
served satisfactorily in that grade and  by  reason  of  completing  a
total of 30 years of service.
_________________________________________________________________

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  12
October 2004 for review and response.  As of this  date,  this  office
has received no response.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence of record and the applicant’s submission, we are  unpersuaded
his voluntary retirement for length of service should be changed to  a
disability retirement.  The applicant’s contentions  are  duly  noted;
however, we do  not  find  these  assertions,  in  and  by  themselves
sufficiently persuasive to override  the  rationale  provided  by  the
AFBCMR Medical Consultant.  We therefore adopt the rationale expressed
by the AFBCMR Medical Consultant as the basis for  our  decision  that
the applicant has failed to sustain  his  burden  of  having  suffered
either an error or an injustice.  In view  of  the  above  and  absent
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

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   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 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 2 December 2004, under the provisions of AFI  36-
2603:

                  Ms. Marilyn M. Thomas, Vice Chair
                  Mr. Gregory A. Parker, Member
                  Ms. B. J. White-Olson, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2004-00577.

   Exhibit A.  DD Form 149, dated 16 Feb 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 22 Sep 04.
   Exhibit D.  Letter, SAF/MRBR, dated 12 Oct 04.




                                   MARILYN M. THOMAS
                                   Vice Chair

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