RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02711
            INDEX CODE:  128.14
            COUNSEL:  NONE
            HEARING DESIRED:  YES

      Mandatory Case Completion Date:  4 Mar 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that  he  was  entitled  to  incapacitation
pay.
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APPLICANT CONTENDS THAT:

In 1976, he lost his civilian job as a result of injuries he received  while
he was on duty with the Air Force Reserves.  He was asked to stay  on  as  a
Reservist until a replacement arrived and he agreed.  He was told  he  would
receive a disability, but in 1979 after he put in the  paperwork  everything
stopped.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documents extracted from his medical records, documents associated with  his
Reserve   retirement,   documents   associated   with   his   request    for
incapacitation pay,  and  documentation  associated  with  his  request  for
Social Security benefits.  His complete submission, with attachments, is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  16  Jul  54  and  was
released from active duty on 19 Feb  68.   He  enlisted  in  the  Air  Force
Reserves on 14 Jun 71 as an Air Reserve  Aeromedical  Technician  and  in  a
full time civil service position that was the same as his Reserve duty.   He
was placed on the Retired  Reserve  List  on  14  Oct  79,  having  attained
sufficient years for a Reserve retirement  while  serving  both  active  and
reserve time eligible for retired pay at age 60 under Chapter 67, Title  10,
United States Code (USC).  At the time  of  his  placement  on  the  Reserve
Retired List, he had  completed  24  years,  7  months,  and  four  days  of
service.

His service medical records reflect  that  he  injured  his  right  shoulder
falling off either a bicycle (26 Aug 74 entry) or a motorcycle (22 Oct  1974
entry) resulting in separation of the sternoclavicular joint,  the  flexible
connection  between  the  collar  bone  (clavicle)   and   the   breast-bone
(sternum).  He had corrective surgery in February 1975 and returned  to  his
duties but re-injured the  same  articulation  while  performing  duties  on
2 Jan 76.  On 8 Jan 76, he underwent surgical removal of one inch  from  the
end of the clavicle adjacent to the sternum.

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AIR FORCE EVALUATION:

AFRC/DPMB recommends denial.  DPMB states on 2 Jan 76, he injured his  right
shoulder while on orders.  Successful surgery was performed on 8 Jan 76  and
he was placed on Profile 1 (fit for  duty).   There  is  no  record  of  his
profile ever  changing  at  anytime  after  his  surgery.   Entitlements  to
incapacitation pay did not come into effect until 1992  and  are  for  those
individuals unfit  for  military  duty  or  fit  for  military  duties  with
restrictions and can prove loss of civilian income.  Prior to 1992,  members
were entitled to medical and dental care appropriate for  the  treatment  of
the injury until the resulting disability cannot be materially  improved  by
further hospitalization or treatment.  His profile further states he  should
have been extended on orders because of his injury.  There is no  indication
that he should  have  been  extended  on  orders  since  the  treatment  was
successful and he remained on Profile 1.

The DPMB evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded that the records of  his  medical  condition  after  the
surgery are not part of his military files because they were sent  to  Civil
Service.  He received an "excision of proximal one inch of right  clavicle."
 The incision healed well but by removing one inch of his clavicle  it  free
floats inside his chest and gives him pain with the  slightest  movement  of
his arm.  Therefore, he cannot carry  or  lift  which  means  he  could  not
perform his  duties  as  an  air-evac  medic,  which  required  loading  and
unloading patients.

In support of his response, he provided a personal statement,  a  chronology
of  events,  documents  extracted  from  his  medical   records,   documents
associated with  his  Department  of  Veterans  Affairs'  (DVA)  claim;  and
excerpts from AFR Regulation 160-43, dated 24 Oct  86  and  AFRESI  36-3004,
dated 29 Mar 96.  His complete response, with attachments, is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states he twice injured his right sternoclavicular joint requiring  surgery.
 Except for the submitted SF 2801, Request for Immediate  Retirement,  Civil
Service retirement System, from the summer of 1976, the  evidence  indicated
a satisfactory recovery from the second surgery and  continued  fitness  for
military duty.  His shoulder condition did not cause the  early  termination
of his career.  He continued to serve  for  over  three  years  accumulating
sufficient time to qualify for a voluntary length  of  service  requirement.
The Medical Consultant evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant responded that at the time of  his  injury  he  had  21  years  of
service.  He had to be in the Reserves to have his Civil Service  job.   The
reason he stayed in for three more years was so that the paperwork could  be
processed for his disability retirement through the flight surgeons  office.
 In order for him to remain in the Reserves, he had to  be  taken  off  Duty
Not Including Flying (DNIF) status.  He never flew or got paid  flight  pay,
he was only filling a spot.  His complete response, with attachments, is  at
Exhibit H.

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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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendations of the Air Force  offices  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  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.

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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.

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The following members of the Board considered AFBCMR Docket Number  BC-2004-
02711 in Executive Session on 9 Jun 05, under  the  provisions  of  AFI  36-
2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Grover L. Dunn, Member
      Mr. Michael J. Maglio, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/DPMB, dated 28 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Mar 05.
    Exhibit E.  Letter, Applicant, dated 15 Mar 05, w/atchs.
    Exhibit F.  Letter, BCMR Medical Consultant, dated 25 Mar 05.
    Exhibit G.  Letter, SAF/MRBC, dated 29 Mar 05.
    Exhibit H.  Letter, Applicant, dated 7 Apr 05, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair