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AF | BCMR | CY2006 | BC-2006-01426
Original file (BC-2006-01426.doc) Auto-classification: Denied

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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