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AF | BCMR | CY2008 | BC-2007-03867
Original file (BC-2007-03867.DOC) Auto-classification: Denied

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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