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AF | BCMR | CY2005 | BC-2004-03161
Original file (BC-2004-03161.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03161
            INDEX NUMBER:  108.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  8 Apr 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His disability discharge with severance pay on 19 Jun 00 be changed to
a medical retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged for Fibromyalgia associated with depression.   Based
on new blood tests, he now recognizes he should  have  been  diagnosed
with diabetes.

In support of his appeal, applicant provides a copy of his DD Form 214
and a copy of the findings and recommendation of the Informal Physical
Evaluation Board (IPEB) conducted on 28 Mar 00.  As further support of
his appeal, applicant references his claim filed with  the  Department
of Veterans Affairs (DVA).

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 29  May  90  and
served as a communications computer systems control journeyman.  On 28
Mar 00, an IPEB diagnosed the applicant with the  unfitting  condition
of Fibromyalgia associated  with  depression  and  recommended  he  be
discharged with severance pay based on a 20% disability rating.  On  3
Apr 00, the applicant indicated  on  the  AF  Form  1180,  “Action  on
Physical Evaluation Board Findings and  Recommended  Disposition,”  he
did not agree with the findings and  recommended  disposition  of  the
IPEB and requested a formal hearing.  On  28  Apr  00,  a  Formal  PEB
(FPEB) was held.  The FPEB upheld the findings and  recommendation  of
the IPEB and recommended the applicant be  discharged  with  severance
pay.  On 28 Apr  00,  the  applicant  indicated  he  agreed  with  the
findings and recommended disposition of the FPEB.  On 4  May  00,  the
Secretary of the Air Force determined the applicant to  be  physically
unfit for continued military service and  directed  he  be  discharged
with severance pay.  The applicant was discharged with  severance  pay
on 19 Jun 00.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant  recommends  the  applicant’s  request  be
denied.  The applicant requests disability retirement based on a post-
service diagnosis of diabetes.  Laboratory results, including  results
two  months  prior  to  his  separation,  show  no  evidence  of   the
hyperglycemia that characterizes diabetes.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9
Aug 05 for review and comment within 30 days.  To date, a response has
not been received.

_________________________________________________________________

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 opinion  and  recommendation  of  the  BCMR
Medical Consultant and adopt  his  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.

_______________________________________________________________

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 Docket  Number  BC-2004-
03161 in Executive Session on 21 September 2005, under the  provisions
of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Charlie E. Williams, Jr., Member
      Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Oct 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 4 Aug 05.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Aug 05.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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