RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02894

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 MAR 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was given a medical retirement,
effective 23 Jun 99, rather than his name was placed  on  the  Reserve
Retired List.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been medically retired,  and  not  retired  because  of
medical reasons.

In support of his appeal, the applicant provided a personal  statement
and other documents associated with the matter under review.

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

_________________________________________________________________

STATEMENT OF FACTS:

By Reserve Order EK-4103, dated 1 Jun 99, the applicant  was  relieved
from his current assignment, assigned to the Retired  Reserve  Section
and his name was placed on the United States Air Force Reserve Retired
List, effective 23 Jun 99.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends this application be forwarded  to  the  Air  Force
Personnel Center’s (AFPC) Medical Disability Branch for  their  review
and advisory regarding the member's request for a medical retirement.

ARPC/DPPP noted that a  Physical  Evaluation  Board  (PEB)  found  the
applicant medically unfit to perform his duty.  He  was  eligible  for
Reserve retired pay under the provision of  Title  10,  United  States
Code (U.S.C.), Section 12731, and on 20 Apr 99 he completed an AF Form
131, Application for  Transfer  to  the  Retired  Reserve,  requesting
transfer to the Retired Reserve, in lieu of  administrative  discharge
for physical disqualification, to be effective  on  23  Jun  99.   The
Retirement Branch approved the retirement and published the retirement
order.  The applicant applied for his Reserve retired pay and he began
drawing retired pay on his 60th birthday on 24 Mar 04.   According  to
ARPC/DPP, the Retirement Branch  properly  processed  the  applicant's
request for transfer to the Retired Reserve and  his  application  for
Reserve retired pay on his 60th birthday.

A complete copy of the ARPC/DPP evaluation, with  attachments,  is  at
Exhibit C.

AFPC/DPPD  recommends  denial  noting  the  applicant  had  a  Fitness
Determination case  done  by  the  Reserves.   The  Informal  Physical
Evaluation Board (IPEB) reviewed the case on 17 Sept 98, and found the
member unfit for continued military  service  with  the  diagnoses  of
arteriosclerotic heart disease status post  multiple  stent  placement
and rheumatoid arthritis.

According to AFPC/DPPD, a review of the applicant's records  indicates
the IPEB found him medically  unfit  to  perform  the  duties  of  his
office.  He nonconcurred  with  the  IPEB  findings  and  requested  a
hearing of his fitness determination at the Formal Physical Evaluation
Board (FPEB) at Lackland AFB, which was held on 21 Jan 99.   The  FPEB
also found the applicant unfit to perform the  duties  with  the  same
diagnoses of arteriosclerotic heart disease status post multiple stent
placement and rheumatoid arthritis.  Applicant nonconcurred  with  the
FPEB findings, but did not send in a  rebuttal  for  his  case  to  be
forwarded to the Secretary of the Air Force (SAF)  Personnel  Council.
The  preponderance  of  evidence  reflects  the  Physical   Disability
Division received a fitness determination case  not  a  medical  board
referral and therefore could not  have  given  the  member  a  medical
discharge.

A complete copy of the AFPC/DPPD evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  17
Feb 06 for review and response.  As of this date, no response has been
received by this office (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.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find  the  applicant’s  assertions  or  his
supporting  documentation  sufficiently  persuasive  to  override  the
rationale provided by the Air Force offices of primary  responsibility
(OPRs).  The evidence of record  indicates  that  as  a  result  of  a
fitness determination for his medical conditions  of  arteriosclerotic
heart disease and rheumatoid arthritis, the applicant was found to  be
unfit to perform his duty.   He  subsequently  requested  that  he  be
transferred to the Retired Reserve in lieu of administrative discharge
for physical disqualification.  As a result, his name  was  placed  on
the Reserve Retired List, and it appears he  began  receiving  retired
pay on his 60th birthday.  Therefore, in  the  absence  of  sufficient
evidence the applicant’s name was erroneously placed  on  the  Reserve
Retired List, or he was  treated  differently  from  others  similarly
situated, we conclude the applicant has failed to sustain  his  burden
of establishing he has suffered  either  an  error  or  an  injustice.
Accordingly, 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.

_________________________________________________________________

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-
2005-02894 in Executive Session on 27 Apr 06, under the provisions  of
AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Sharon B. Seymour, Member
      Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Sep 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 11 Jan 06, w/atchs.
    Exhibit D.  Letter, AFPC/DPPD, dated 9 Feb 06.
    Exhibit E.  Letter, SAF/MRBR, dated 17 Feb 06.




                                   RICHARD A. PETERSON
                                   Panel Chair