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AF | BCMR | CY2005 | 2005-01416
Original file (2005-01416.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01416
            INDEX NUMBER:  145.00
      XXXXXXXXXXXXXXX  COUNSEL: Disabled American Vets

      XXXXXXXXXXXXXXXXX      HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  1 DEC 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

The transcripts of his Physical  Evaluation  Board  (PEB)  be  corrected  to
reflect that he did not receive treatment from a chiropractor  and  that  he
purchased a brace himself.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not receive treatment from a chiropractor and his records need to  be
clarified.

In support of his request, the applicant submits AF Form 356,  Findings  and
Recommended Disposition of USAF  Physical  Evaluation  Board  and  pages  15
through 17 of his Physical Evaluation Board transcript.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  30  December  1965,  and
was progressively promoted to the grade of master sergeant.

He was referred to the  PEB  and  on  16  July  1970,  the  PEB  recommended
permanent retirement with 30% disability.  Applicant  did  not  concur  with
the findings of the PEB and requested appearance before the Formal  Physical
Evaluation Board (FPEB).  On 19 August 1970, the FPEB recommended  permanent
retirement  with  60%  disability.   The  applicant   concurred   with   the
recommendation on 19 August 1970, and was subsequently  permanently  retired
by reason of physical disability on 10 September 1970.

He completed 20 years, 1 month and 2 days of active duty service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPD recommends denial.  DPPD states the  fact  the  applicant  wore  a
support for his back may have influenced the decision of the FPEB;  however,
the statement that he sought the advice of a chiropractor or  purchased  the
brace himself had no effect on the outcome of the FPEB.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant states he provided transportation to an elderly couple to  the
chiropractor and was not treated by the chiropractor himself.

The applicant’s complete response is at Exhibit E.

_________________________________________________________________

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  applicant’s  submission,  we  are  not  persuaded  that  the
transcripts of the applicant’s FPEB should be changed.  While  we  note  the
concerns of the applicant in regards to changing a statement he provided  to
the  FPEB,  we  do  not  believe  testimony  that  he  was  not  seen  by  a
chiropractor or that he  purchased  the  brace  himself  would  have  had  a
decisive impact on the FPEB’S decision to permanently retire him with a  60%
disability rating.  Therefore, we agree with the opinion and  recommendation
of the Air Force office of primary responsibility and  adopt  its  rationale
as the basis for our conclusion that the applicant has not been  the  victim
of an error or injustice.  It appears that  the  Air  Force’s  determination
concerning applicant’s  condition  was  based  on  medical  records  not  on
applicant’s testimony.  In the absence of 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 9 August 2005, under the provisions of AFI 36-2603:

            Mr. Laurence M. Groner, Panel Chair
            Ms. Renee M. Collier, Member
            Mr. Richard K. Hartley, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2005-01416:

      Exhibit A.  DD Form 149, dated 24 Mar 05, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPD, dated 6 Jun 05.
      Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 05.
      Exhibit E.  Letter, Applicant, dated 6 Jun 05.





               LAURENCE M. GRONER
               Panel Chair



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