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AF | BCMR | CY2006 | BC-2006-00668
Original file (BC-2006-00668.doc) Auto-classification: Approved



     INDEX CODE:  108.02

      BC-2006-00668






      MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR


      SUBJECT:


            Having carefully reviewed this application, we agree with the
      recommendation of the Air Force office of primary responsibility and
      adopt the rationale expressed as the basis for our decision that the
      applicant has been the victim of either an error or an injustice.
      Therefore, under the authority delegated in AFI 36-2603, the
      applicant's records will be corrected as set forth in the accompanying
      Memorandum for the Chief of Staff signed by the Executive Director of
      the Board or his designee.


            Members of the Board, Mr. James W. Russell,  III,  Ms.  JanetĀ I.
      Hassan, and Mr. Elwood C. Lewis, III, considered this application on 6
      June 2006.








            JAMES W. RUSSELL, III
            Panel Chair




      Attachments:
      1. Ltr, AFPC/DPPD, dtd 21 Mar 06,
      w/atchs.
      2. Ltr, AFPC/JA, dtd 1 May 06.


      BC-2006-00668








      MEMORANDUM FOR THE CHIEF OF STAFF


            Under the authority of Section 1552, Title 10, United States
      Code and Air Force Instruction 36-2603, and having assured compliance
      with the provisions of the above regulation, the decision of the Air
      Force Board for Correction of Military Records is announced, and it is
      directed that:


            The pertinent military records of the Department of the Air
      Force relating to APPLICANT, be corrected to show that:


                  a. On 29 July 2003, he was found unfit to perform the
      duties of his office, rank, grade, or rating by reason of physical
      disability, incurred while he was entitled to receive basic pay; that
      the diagnosis in his case was Chronic low back pain with radiculopathy
      status post L4 vertebrectomy for L4 chordoma, DVA diagnostic code
      5295, rated at 40%; that the compensable percentage was 40%; that the
      degree of impairment was permanent; that the disability was not due to
      intentional misconduct or willful neglect; that the disability was not
      incurred during a period of unauthorized absence; and that the
      disability was not received in the line of duty as a direct result of
      armed conflict or caused by an instrumentality of war..


                  b. He was not discharged from active duty and separated
      from the Air National Guard under other than Chapter 61, Title 10,
      U.S.C. (EPTS) on 9 December 2003, but on that date, his name was
      placed on the Permanent Disability Retired List.








                                      RALPH J. PRETE
                                      Chief Examiner
                                      Air Force Board for Correction
                                      of Military Records


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