RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02749
            INDEX CODE:  110.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE: 23 DECEMBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a retirement with full benefits  at  the  rank  of  senior
master sergeant until his death and or be  paid  monthly  as  a  staff
sergeant from now until death.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Veterans Administration (VA) has no proof of his medical condition
of duodenal ulcer. The VA has reduced his disability rating  from  20%
to 0%.  Less than 10 days ago, he learned he can request correction of
his record through the Board of Corrections of Military Records.

In support of  his  application,  the  applicant  submits  a  personal
letter, letter to Legal Aid Society, letters from VA,  FAA,  employer,
attorney, DD Form  214,  Special  Order,  AC-3,  medical  records  and
performance reports.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Massachusetts  National  Guard  from        16
November 1947 to 31 August 1948 and 16 July  1950  to  22  April  1951
before enlisting in the regular Air Force.  The  applicant  served  on
active duty in the Air Force from 23 April 1951 to    12 November 1953
and then transferred to the Air Force Reserve. He was called to active
duty on 10 February 1958 and continued to serve until  his  disability
discharge on 13 January 1966.

On 7 December 1965, the  medical  evaluation  board  (MED)  noted  the
applicant  was  asymptomatic  at  the  time  and  the   repeat   upper
gastrointestinal barium studies failed to show presence of  an  ulcer.
The final diagnosis was “History of upper GI  bleeding  in  the  past.
Duodenal ulcer not proved.” The physician  then  states,  “He  is  not
qualified for general military service because of the  history  of  GI
bleeding”; and recommended referral  for  disability  evaluation.  The
physician also noted in this summary that “The patient states he would
like to be separated from the service at this time.”

On 21 December  1965,  a  physical  evaluation  board  (PEB),  made  a
recommendation of unfit for duty due to duodenal ulcer and  separation
with  severance  pay  of  20%.  The  applicant  concurred   with   the
recommendation and findings of the PEB.

On 13 January 1966, the applicant was released from  active  duty  and
received  an  honorable  discharge  with  entitlement  to   disability
severance pay. He served 16 years, 3 months,  and  13 days  of  active
duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no  change  in  the
records is warranted. Review of the service medical records shows  the
applicant experienced severe upper gastrointestinal bleeding  probably
due to peptic ulcer disease (duodenal ulcer)  that  was  disqualifying
for air traffic controller duty  and  continued  military  service  in
accordance with established medical standards based on  the  state  of
medical science of the time. The applicant was properly  evaluated  in
the   disability   evaluation   system   and   concurred   with    the
recommendations of the PEB and waived his right to a  formal  hearing.
Action  and  disposition  in  this  case  are  proper  and   equitable
reflecting compliance with Air Force  directives  that  implement  the
law.

BCMR Medical Consultant’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated that since  the
VA reduced his 20% disability to 0% and as a result of a  VA  physical
on 21 February 1967 at the Oakland Army Terminal, the
Air Force should allow him to reenlist.  In February 1968, he tried to
reenlist in Ventura, CA and was turned down.

He would like pay and allowances for the years he would have  been  in
the Air Force prior to his retirement date. His rank would  have  been
at least that of a senior master sergeant if he  had  remained  as  an
enlisted man. As a flight control officer, he would  have  retired  at
least at the rank of major, or  lieutenant  colonel.  The  doctor  who
handles his case at Kessler, AFB, failed  to  properly  diagnosis  his
medical problem.

He should be allowed to rejoin the Air Force, to serve out his time to
a full retirement. The VA did nothing to assist him in correcting  the
problem. Right now, just 10 days ago, he  accidentally  stumbled  upon
the Air Force Correction Center at Randolph.  He is sure that  he  has
submitted enough information with the  DD  Form  149  to  correct  his
records.

Applicant’s complete response, with attachments, 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 reviewing the evidence  of
record, we are not persuaded the applicant should have been discharged
for physical disability.  His contentions are duly noted; however, the
detailed comments provided by the  BCMR  Medical  Consultant,  in  our
opinion, accurately address his allegations.   Therefore,  we  are  in
agreement with his opinions and recommendation and adopt his rationale
as the basis for our conclusion that the applicant has  not  been  the
victim of either an error or an  injustice.   In  view  of  the  above
findings, we find no basis upon which to provide favorable  action  on
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-
2004-02749  in  Executive  Session  on  13  October  2005,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Dorothy P. Loeb, Member
      Ms. Jan Mulligan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 2 Aug 05.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 05.
    Exhibit E.  Applicant’s Response, dated 27 Aug 05, w/atchs.



                                   THOMAS S. MARKIEWICZ
                                   Chair