Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-01425
Original file (BC-2006-01425.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01425
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  13 November 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2Q be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

There was no evidence supporting that he has had medical problems that
would hinder his military service.  Also, he has not  experienced  any
reoccurrences of the alleged medical problem.

In support of the appeal, applicant submits two letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 25 Aug 99.   On  10 Jun
03, a Medical Evaluation  Board  (MEB)  refered  him  to  an  Informal
Physical Evaluation Board (IPEB).  On 12 Aug 03, an  IPEB  recommended
that he be discharged with severance pay at a 10  percent  rating  for
his seizure disorder.  He did not agree with  the  IPEB  findings  and
recommendations and  requested  a  Formal  Physical  Evaluation  Board
(FPEB).  On 7 Oct 03, an FPEB sustained the  diagnosis  of  a  seizure
disorder and recommended he be discharged with severance pay with a 10
percent  rating.   He  did   not   agree   with   the   findings   and
recommendations of the FPEB and submitted a rebuttal to the  Secretary
of the Air Force Personnel Council (SAFPC) requesting that he be found
fit and returned to duty.  On 22 Dec 03, the  SAFPC  upheld  both  the
IPEB and FPEB recommendations.  He was discharged for disability, with
severance pay, on 9 Mar 04 and issued an RE Code of 2Q (approved for a
medical retirement or separation).  He served 4 years, 6  months,  and
15 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends the application be denied and  states,  in  part,
that a preponderance  of  the  evidence  reflects  that  no  error  or
injustice occurred during the disability process and at  the  time  of
the applicant’s separation.  The RE Code of  2Q  correctly  identifies
his medical separation.

A complete copy of the AFPC/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 on 2
Jun 06 for review and comment within 30 days.  As of this  date,  this
office has received no response.

Applicant's complete response is attached at Exhibit E.

_________________________________________________________________

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 agree with the opinion  and  recommendation  of  the  BCMR
Medical Consultant and adopt the rationale expressed as the basis  for
our decision that the applicant has failed to sustain his burden  that
he has suffered either an error or an injustice.  No evidence has been
provided to reflect he was not treated fairly and properly by the  Air
Force and all procedures were followed.  In  view  of  the  above  and
absent evidence to  the  contrary,  we  find  no  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  issue(s)   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  this  application  in
Executive Session on 12 July 2006, under the  provisions  of  AFI  36-
2603:

                 Ms. B J White-Olson, Panel Chair
                 Ms. Debra K. Walker, Member
                 Ms. Judith B. Oliva, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 3 May 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPD, dated 25 May 06.
      Exhibit D. Letter, SAF/MRBR, dated 2 Jun 06.




                             B J WHITE-OLSON
                             Panel Chair

Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-02289

    Original file (BC-2004-02289.doc) Auto-classification: Denied

    Since being placed on, and then removed from the TDRL, the documented inconsistencies within the Air Force and Air Force Reserve are working against him to continue to serve his country. He had 17 years, 3 months, and 22 days of military service for basic pay _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommended denial and stated the prepondence of evidence reflects that no injustice occurred during his processing to separate under...

  • AF | BCMR | CY2008 | BC-2007-03444

    Original file (BC-2007-03444.doc) Auto-classification: Denied

    The member requested a hearing with the Formal Physical Evaluation Board (FPEB). The SAFPC reviewed the findings of both Boards and concurred with the recommendation of the FPEB for discharge with severance pay at a 20 percent disability rating. The DPPD complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 9 Nov 07, a copy of the Air Force evaluation was forwarded to the applicant for review...

  • AF | BCMR | CY2007 | BC-2006-01958

    Original file (BC-2006-01958.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01958 INDEX CODE: 108.00, 110.00 XXXXXXX COUNSEL: JOHN F. LEGRIS HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 1 JAN 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: Her disability separation, with severance pay be changed to a disability retirement with a disability rating of 40 percent; in the alternative, be reinstated in...

  • AF | BCMR | CY2005 | BC-2005-03123

    Original file (BC-2005-03123.DOC) Auto-classification: Denied

    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. Therefore, we agree with the opinion and recommendation of the Air Force office of primary...

  • AF | BCMR | CY2001 | 0100160

    Original file (0100160.doc) Auto-classification: Denied

    The AFBCMR Medical Consultant is of the opinion that no change in the records is warranted and the application should be denied (Exhibit C). Prior to that date, an evaluation of 30% was assigned for severe, frequent attacks. Accordingly, in view of the foregoing, I believe the applicant’s medical condition at the time of his retirement warrants a higher disability rating.

  • AF | BCMR | CY2007 | BC-2006-03539

    Original file (BC-2006-03539.doc) Auto-classification: Denied

    DPPD states the preponderance of evidence reflects that no error or injustice occurred during the disability process at the time of separation. DPPAE states after review of the evidence submitted by the applicant and review of her records, there is no evidence of error or injustice surrounding her discharge. The DPPAE evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation...

  • AF | BCMR | CY2004 | BC-2003-03095

    Original file (BC-2003-03095.DOC) Auto-classification: Approved

    On 6 March 2000, the applicant submitted her rebuttal letter to SAFPC requesting a disability retirement, with a compensable disability rating of 40 percent. _________________________________________________________________ AIR FORCE EVALUATIONS: The BCMR Medical Consultant summarized the information contained in the applicant’s personnel and medical records and is of the opinion that the preponderance of the evidence of the record supports a disability rating of 20 percent. A complete...

  • AF | BCMR | CY2006 | BC-2006-02758

    Original file (BC-2006-02758.DOC) Auto-classification: Denied

    Although an Informal Physical Evaluation Board (IPEB) recommended her permanent retirement in 2006, she appeared before a formal PEB (FPEB), who recommended her return to duty. Based on the medical evidence and the applicant’s testimony, the FPEB recommended that she be returned to duty. Due to the wide variance between the IPEB’s unfit finding and recommendation that she be permanently retired with a compensable rating of 30 percent and the FPEB’s finding her fit for duty and...

  • AF | BCMR | CY2003 | BC-2002-01206

    Original file (BC-2002-01206.doc) Auto-classification: Denied

    Subsequent to being evaluated by the Informal Physical Evaluation Board (IPEB) and Formal Physical Evaluation Board (FPEB), the applicant was released from active duty under the provisions of AFR 35-4 (Placed on Temporary Disability Retired List (TDRL)). Following a period of observation and treatment on TDRL status, he was permanently disability retired on 12 Jun 1986, with a disability rating of 40 percent for his condition and received pay in the grade of colonel, with over 26 years...

  • AF | BCMR | CY2002 | BC-2002-01527

    Original file (BC-2002-01527.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01527 INDEX NUMBER: 108.00 XXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No ________________________________________________________________ APPLICANT REQUESTS THAT: His Medical Evaluation Board (MEB) be resubmitted with it noted that he had been restored to the grade of staff sergeant (SSgt) at the time of the board. He did not appeal the decision of the MEB because of...