RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03867
INDEX CODE: 108.00
XXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be returned to active duty for evaluation through the Disability
Evaluation System (DES).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was released without being informed of his rights and benefits.
In support of his request, the applicant provides a copy of his Veterans
Affairs (VA) psychiatric progress notes and radiology reports. The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the separation document provided by the applicant, he was
retired (awaiting pay at age 60) from the Air National Guard effective
31 Jan 98 in the grade of staff sergeant having assumed that grade and with
an effective date of rank of 11 Jan 96. He served 17 years, 11 months, and
7 days of satisfactory federal service.
The remaining relevant facts pertaining to this case are contained in the
Air Force advisory opinion at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/SGPD recommends denial. SGPD states that the applicant was
disqualified from worldwide duty (internal derangement, left knee) on 5 Jun
97. The applicant's evaluating orthopedic physician stated it would be
extremely unlikely that the applicant would ever be able to return to
aircraft mechanic work which required squatting, kneeling, and crawling
into positions. There was no mention of Post Traumatic Stress Disorder
(PTSD) in the "Past Medical History" portion of his narrative summary that
was used to process his disability case. Prior to undergoing DES
processing, SGPD advises the applicant completed a medical
history form and declined personal or family history of "psychosis" or any
other significant medical or surgical history. The applicant's evaluating
physician stated, "In my professional opinion and using the extent of my
experience in working with PTSD veterans, Mr. J--- clearly and without a
reasonable doubt in my mind, has been affected by all of these memories via
his irritability, substance abuse and relational problems. His
unemployment relates to this PTSD and his attitude about authority and
life."
The complete NGB/SGPD evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 16
May 08 for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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 an error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case and do not find that
it supports a determination that the applicant warrants reevaluation
through the DES. We note the applicant was disqualified for worldwide duty
due to his diagnosis of internal derangement, left knee; however, we found
no evidence in the applicant’s available records of any other medical
condition that warrants consideration through the DES. Accordingly, we
agree with the opinion of the Air Force office of primary responsibility
that action and disposition in this case were proper and equitable
reflecting compliance with Air Force directives that implement the law. In
the absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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-2007-03867
in Executive Session on 17 Jun 08, under the provisions of AFI 36-2603:
Mr. Jay H. Jordan, Panel Chair
Mr. Grover L. Dunn, Member
Ms. Barbara J. Barger, Member
The following documentary evidence pertaining to Docket Number BC-2007-
03867 was considered:
Exhibit A. DD Form 149, dated 17 Nov 07, w/atchs.
Exhibit B. Letter, NGB/A1PS, dated 9 May 08, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 16 May 08.
JAY H. JORDAN
Panel Chair
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