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AF | BCMR | CY2007 | BC-2006-02634
Original file (BC-2006-02634.doc) Auto-classification: Denied

                       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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