RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01426
INDEX NUMBER: 145.00
xxxxxxxxxxxxxxx COUNSEL: NOT INDICATED
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 12 NOV 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Special Order Number ACD-00654, dated 15 July 2004, be changed to reflect
disability received in the line of duty, as a direct result of armed
conflict or caused by an instrumentality of war and incurred in the line of
duty during a period of war from “No” to ”Yes”.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The smallpox and anthrax shots she received on the same day caused her
multiple sclerosis to flare up and forced her to be medically retired.
In support of her request, the applicant submits a copy of Special Order
Number ACD-00654 and an Internet Article entitled “Small Facts from the
CDC”.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force 22 October 1986 and was
progressively promoted to the grade of technical sergeant. On 26 January
2004, and on 4 April 2004, the Informal Physical Evaluation Board (IPEB),
and the Formal Physical Evaluation Board (FPEB) recommended she be
permanently retired by reason of physical disability with a 30 percent
rating, based on the diagnosis of Multiple Sclerosis.
The applicant did not agree with the findings and recommendation of the
IPEB or the FPEB and submitted a rebuttal, with a contention to be returned
to duty, to the Secretary of the Air Force Personnel Counsel (SAFPC). That
office, however, upheld the findings and recommendation of the FPEB and
announced the Secretary of the Air Force’s decision to direct her permanent
retirement with a 30 percent compensable rating. (Exhibit B)
She was permanently disability retired on 21 September 2004 due to multiple
sclerosis with a 30 percent disability rating. She served 18 years,
5 months, and 6 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATIONS:
AFPC/DPPD recommends denial. DPPD states the preponderance of evidence
reflects that no error or injustice occurred during the disability process
or at the time of retirement.
According to DPPD, SAFPC reviewed the applicant’s request and in their
memorandum dated 30 June 2004, upheld the recommendation that she be
permanently retired with a disability rating of 30 percent.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
A copy of the Air Force evaluation was forwarded to the applicant on 4 Aug
06, for review and comment within 30 days. As of this date, no response
has been received by this office.
_________________________________________________________________
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 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. Therefore,
in the absence of evidence to the contrary, 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 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 Docket Number BC-2006-01426
in Executive Session on 19 September 2006, under the provisions of AFI 36-
2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Elwood C. Lewis, Member
Ms. LeLoy W. Cottrell, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 May 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 22 May 06.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 06.
KATHLEEN F. GRAHAM
Panel Chair
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