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AF | BCMR | CY2004 | BC-2004-02406
Original file (BC-2004-02406.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02406
            INDEX NUMBER:  145.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a medical retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had an injury which occurred while on active duty.  He is unable to  work
and has no income.

In  support  of  his  application,  the   applicant   provides   copies   of
correspondence and documents relating  to  his  Formal  Physical  Evaluation
Board (FPEB), Informal PEB and Medical Evaluation Board (MEB).   Applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Effective 2 June  2004,  applicant  was  assigned  to  the  Retired  Reserve
Section awaiting Retired pay at age 60 (10 August 2012).  His assignment  to
the Retired Reserve Section was in the grade of master sergeant with a  date
of rank of 1 March 2000.  He was credited with 31 years,  9  months  and  25
days of satisfactory Federal service.

Based on the applicant’s condition of pain in the right  side  of  his  heel
and ankle while on extended active duty from  9  April  2002  to  25  August
2002, a Medical Evaluation Board (MEB) was convened to  consider  his  case.
The MEB rendered diagnoses of right foot and ankle  pain.   On  12  December
2003 and 4 March 2004, a Physical Evaluation Board was convened to  consider
his case.  Under Category I, the board  found  the  applicant  possessed  no
unfitting conditions which were compensable and ratable.  Under Category  II
(conditions that could be unfitting but were not  currently  compensable  or
ratable),  the  board  rendered  a  diagnosis  of  “Chronic  Right   Plantar
Fasciitis Causing Right Foot/Ankle Pain,  10  Disability  Rating/NA.”  Under
Category  III,  (Conditions  that  are  not  separately  unfitting  and  not
compensable or ratable),  the  board  rendered  a  diagnosis  of  “Obesity.”
The board found  the  applicant  was  unfit  because  of  a  disability  not
incurred while entitled to receive basic pay.  The board recommended  he  be
discharged under other than Chapter 61, Title 10.  On  14  March  2004,  the
applicant disagreed with the findings and recommendations of  the  FPEB  and
contended  that  the  FPEB  quotes  regulations  without  considering  human
factors.  On 29 April 2004, the Secretary of the  Air  Force  directed  that
the applicant be administratively discharged under other  than  Chapter  61,
Title 10, confirming the finding “not in line of  duty”;  existed  prior  to
service without service aggravation.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPD recommends the application be denied.  Based upon  review  of  the
disability  processing  records  and  supporting  documentation,   AFPC/DPPD
states that the applicant was treated fairly  throughout  the  MEB  and  PEB
process and determines that no injustice or error occurred.   The  AFPC/DPPD
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

On 20 August 2004, a copy of the  Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a 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.  The applicant's  complete  submission  was
thoroughly reviewed and his contentions were duly  noted.   However,  we  do
not find the documentation presented sufficiently persuasive  to  warrant  a
change in his records.  We do not dispute the circumstances of  his  medical
condition; however, it appears the applicant’s  medical  case  was  properly
evaluated under the appropriate Air Force regulations, which  implement  the
law.  Other than his own assertions, the applicant has provided no  evidence
that would lead us to believe the assessment of his  medical  condition  and
the determination that his condition existed prior to service were based  on
factors other than accepted  medical  principles.   Therefore,  we  have  no
basis to conclude that the applicant's  treatment  while  in  and  discharge
from the Air  Force  Reserve  was  improper.   We  are  sympathetic  to  the
applicant’s situation and recommend he pursue  the  Department  of  Veterans
Affairs disability system for appropriate care and  benefits.   In  view  of
the above, we have no basis to favorably consider the  applicant's  request.


_________________________________________________________________

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 14 October 2004, under the provisions of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. John B. Hennessey, Member
            Mr. Alan A. Blomgren, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
04-02406:

      Exhibit A.  DD Form 149, dated 28 Jul 04, w/atchs.
      Exhibit B.  Letter, AFPC/DPPD, dated 9 Aug 04.
      Exhibit C.  Letter, SAF/MRBR, dated 20 Aug 04.





               THOMAS S. MARKIEWICZ
               Chair



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