RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00929
INDEX CODE: 108.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he was medically retired.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was never released from the Temporary Disability Retired List (TDRL) and
placed on permanent medical retirement. He has received compensation from
the Department of Veterans Affairs (DVA) since his discharge from service,
but has not been notified that he was permanently retired from service.
In support of his request, the applicant submits a copy of his DD Form 214,
Armed Forces of the United State Report of Transfer or Discharge.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Sep 68, the applicant enlisted in the Regular Air for a period of four
years.
On 21 Feb 73, the Informal Physical Evaluation Board (IPEB) diagnosed the
applicant with papillary carcinoma of thyroid metastasic to regional lymph
nodes and tracheal cartilages and recommended placing him on the TDRL with
a disability rating of 100 percent. On 12 Jul 74, he had his first TDRL
medical reevaluation. The medical examiner found no evidence of recurrence
of disease. On 23 Sep 74, the IPEB found him fit for duty and recommended
his removal from the TDRL.
On 7 Oct 74, the applicant non-concurred with the IPEB findings, elected
not to reenlist, waived a formal hearing and requested his rebuttal be sent
to the Secretary of the Air Force Personnel Council (SAFPC) for review. On
22 Oct 74, SAFPC concurred with the IPEB’s findings. On 30 Oct 74, the
applicant was removed from the TDRL and discharged without entitlement to
disability severance pay on 18 Nov 74.
He served four years, six months and nine days on active duty.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letters prepared by
the appropriate office of the Air Force at Exhibits B and D.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSD recommends denial. DPSD states the applicant was found fit
for duty; therefore no retirement order was issued. The applicant elected
not to reenlist and was discharged. He has not presented evidence to
reflect that an error or injustice occurred during his disability process
or at the time of his removal from the TDRL.
The complete DPSD evaluation, with attachment, is at Exhibit B.
The BCMR Medical Consultant recommends denial.
The Medical Consultant states the Military Disability Evaluation System
(MDES), established to maintain a fit and vital fighting force, can by law
under Title 10, only offer compensation for those service incurred diseases
and injuries which specifically rendered a member unfit for continued
active service; or in the case of TDRL members, continue to preclude
military service; and then only for the degree of impairment that exists at
the time of final disposition.
The Medical Consultant notes an Ear, Nose and Throat surgeon, the IPEB, and
SAFPC, all agreed the applicant’s primary disease and residuals rendered
him no longer unfit for service. The Department of Veterans Affairs (DVA)
operates under a different set of laws and is authorized to provide
compensation for any medical condition that has been determined service
incurred or aggravated without regard to its impact upon a service member’s
retainability or fitness to serve. The Medical Consultant states the mere
existence of a given clinical entity does not automatically constitute a
basis for unfitness for military service.
The complete BCMR Medical Consultant’s evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 11
Jun 10 and 17 Sep 10, for review and comment within 30 days. As of this
date, this office has received no response (Exhibits C and E).
_________________________________________________________________
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 opinions and recommendations of the Air Force office of primary
responsibility and the BCMR Medical Consultant and adopt their 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 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 AFBCMR BC-2010-00929 in
Executive Session on 17 Nov 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Mar 10, w/atch.
Exhibit B. Letter, HQ AFPC/DPSD, dated 12 Apr 10, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 11 Jun 10.
Exhibit D. Letter, BCMR Med Consultant, dated, 10 Sep 10.
Exhibit E. Letter, SAF/MRBR, dated 17 Sep 10.
Panel Chair
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