RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03123
INDEX CODE: 108.04
COUNSEL: DAV
HEARING DESIRED: Not Indicated
MANDATORY CASE COMPLETION DATE: 16 Apr 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be placed on the permanent disability retired list effective 17 Sep 05.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant makes no contentions. In support of her request, applicant
provided a copy of her separation documents and her medical records. Her
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 26 Jan 00. She was
progressively promoted to the grade of staff sergeant, having assumed that
grade effective and with a date of rank of 1 Dec 04.
A Medical Evaluation Board (MEB) convened on 8 Jun 05 and referred her case
to an Informal Physical Evaluation Board (IPEB) with a diagnosis of
migraine headaches, neck pain, sleep disorder, and wrist pain. On 24 Jun
05, the IPEB found her unfit for further military service and recommended
discharge with severance pay with a disability rating of 10 percent. The
applicant disagreed and requested a Formal PEB (FPEB). On 5 Aug 05, the
FPEB recommended she be placed on the Temporary Disability Retired List
(TDRL) with a disability rating of 30 percent. The applicant agreed with
the findings and recommended disposition of the IPEB. She was placed on
the TDRL on 17 Sep 05. She is tentatively scheduled for reevaluation in
December 2006.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the preponderance of evidence
reflects that no error or injustice occurred during her disability process.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant and her
counsel on 4 Nov 05 for review and comment within 30 days. 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 timely filed.
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 are not
persuaded that her request to be placed on the permanent disability retired
list is warranted. Evidence has not been presented which would lead us to
believe that during her Disability Evaluation System processing, she was
denied rights to which she was entitled, the appropriate regulations were
not followed or that the appropriate standards were not applied.
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. 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 AFBCMR Docket Number BC-2005-
03123 in Executive Session on 13 Dec 05, under the provisions of AFI 36-
2603:
Ms. BJ White-Olson, Panel Chair
Mr. James A. Wolffe, Member
Ms. Glenda H. Scheiner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Sep 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 27 Oct 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 4 Nov 05.
BJ WHITE-OLSON
Panel Chair
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