RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02634
INDEX NUMBER: 108.00
XXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: Yes
MANDATORY CASE COMPLETION DATE: 28 Feb 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be medically retired with a 100 percent disability rating.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has severe disabilities that should have been recorded if he had
been given a complete physical before he retired, which he wasn’t.
In support of his appeal, applicant provides a signed statement, dated
12 Jul 06, detailing his medical problems and treatment he has
undergone, correspondence to his Senator regarding his retirement and
medical condition, and copies of documents from his medical records.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 31 Mar 80.
According to his DD Form 214, he voluntarily retired from the Air
Force on 31 Oct 05 based on sufficient service for retirement.
Additional relevant facts pertaining to this application are contained
in the BCMR Medical Consultant evaluation found at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request.
The applicant entered the Disability Evaluation System (DES) on 18 Nov
04 and was returned to duty by the Informal Physical Evaluation Board
on 24 Feb 05. The applicant concurred with the decision on 8 Mar 05.
There is no indication in the medical record that the applicant’s
condition worsened to the point where it became permanently unfitting,
except during the time he had additional lumbar spine surgery in Aug
05 and in the immediate convalescent period. Medical authorities had
every reason to believe that the applicant would be capable of
returning to his prior status after surgery and hence, a repeat
medical evaluation board was not indicated. Additionally, there is no
record of the applicant requesting elective surgery within six months
of an established retirement date as required by AFI 41-210, paragraph
10.1.2.4 and AFI 36-3203, paragraphs 2.21.5 and 5.6.
The preponderance of the evidence of record shows that the applicant’s
condition was not unfitting at the time of his retirement.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the BCMR Medical Consultant advisory was forwarded to the
applicant on 3 Jul 07 for review and comment within 30 days. To date,
a response has not been received.
_________________________________________________________________
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. 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 his 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 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 Docket Number BC-2006-
02634 in Executive Session on 9 August 2007, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Terri G. Spoutz, Member
Ms. Sharon B. Seymour, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Aug 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 22 Jun 07.
Exhibit D. Letter, SAF/MRBR, dated 3 Jul 07.
MICHAEL K. GALLOGLY
Panel Chair
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