RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03777

						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED 



APPLICANT REQUESTS THAT:

His retirement be changed to a medical retirement instead of a 
standard retirement.  


APPLICANT CONTENDS THAT:

He should have been medically retired from the Air Force due to 
being medically disqualified because of his diagnosis with 
diabetes insipidus.  He was unable to deploy due to this 
condition and was forced to retire even though his unit 
recommended him for retention.  At the time, he was unaware he 
could appeal the decision to request to be medically retired.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Air Force Reserve on 
19 Feb 75.

On 6 Jun 01, a memo from the 434th MXS/CC addressed to HQ 
AFRC/DPMF consists of responses to a Member Utilization 
Questionnaire.  In response to certain questions, the commander 
advised that “member is currently able to perform his duties 
with light duty restrictions, lifting no more than 10 lbs., and 
no exertion that would cause heavy breathing.”  The commander 
also acknowledged that the applicant was assigned to a unit type 
code (UTC) position, but that the unit was “rarely tasked to 
deploy.”  The commander indicated that the applicant’s medical 
condition did not hinder his ability to satisfactorily perform 
in duties within the past year and highly recommended retention 
in his, then, current AFSC, citing the fact that he was 
scheduled to assist another organization with resolving a 
significant equipment inspection backlog and the fact that he 
“possess[ed] critical technical skills needed to maintain 
aircraft survival equipment and train fellow technicians.”

On 10 Jul 02, the applicant was notified he was found unfit to 
perform the duties of his office, grade, rank or rating by the 
Informal Physical Evaluation Board (IPEB).

On 16 Jul 02, the applicant acknowledged his rights to a Formal 
Physical Evaluation Board (FPEB).  He did not desire to have his 
case be referred to the FPEB for a fitness determination.

On 9 Aug 02, according to the applicant’s AF Form 131, 
Application for Transfer to the Retired Reserve, the applicant 
requested transfer to the Retired Reserve in lieu of 
administrative discharge for physical disqualification, 
effective 30 Aug 02.   

On 30 Aug 02, the applicant was transferred to the Retired 
Reserve to await retired pay at age 60.   

The remaining relevant facts pertaining to this application are 
contained in the memorandums prepared by the Air Force offices 
of primary responsibility (OPR), which are attached at Exhibits 
C and D.


AIR FORCE EVALUATION:

AFBCMR Medical Consultation recommends denial indicating there 
is no evidence of an error or an injustice.  IAW AFI 48-123, 
Medical Standards for Continued Military Service, likely in 
effect at the time of his military service, Diabetes insipidus 
is listed among endocrine conditions requiring a Medical 
Evaluation Board for active duty members and a worldwide duty 
evaluation for ARC members when appropriate.  Specifically, the 
policy reads, “Diabetes insipidus, requiring antidiuretic 
hormone replacement therapy” is disqualifying.  

With respect to the applicant’s contention for being “medically 
retired,” first, his condition must be found in line of duty.  
That is, if the condition was diagnosed while performing duty of 
30 days or less, there must be evidence that the condition was 
the proximate result of [caused by] or was permanently 
aggravated by military service.  However, ARC members who have 
completed at least eight years of active service may be eligible 
for a medical separation or retirement, under 10 U.S.C., 1207A 
[“Eight-Year Rule”], and if the member was serving a period of 
active service [31 days or more] when the condition was found 
disqualifying or unfitting by a Physical Evaluation Board.  
There is no evidence supplied to indicate the applicant’s 
Diabetes insipidus met either of the aforementioned criteria.  

Although a unit commander’s retention recommendation is strongly 
considered in Physical Evaluation Board decisions, the 
overarching responsibility for maintaining a mission ready 
fighting force rested with medical officials at the at 
Headquarters level and the Physical Evaluation Board.  Thus, it 
appears that the Informal Physical Evaluation Board, placed 
greater importance and emphasis on the recommendation of 
AFRC/SGPA and the potential health and mission degradation risks 
in the rare event that the unit was called to deploy.  

An 11 Apr 02 memo from HQ AFRC/SGPA, Chief, Aerospace Medicine 
Division, addressed to the applicant’s servicing medical unit, 
states “We have reviewed the medical documentation submitted on 
subject member and determined that he is medically disqualified 
for continued military duty.”  The advisory review and 
recommendation by AFPC/DPFD states the applicant’s desired 
action differently, as follows: “The applicant is requesting the 
Fitness Case for his Diabetes Insipidus condition be considered 
in line of duty and reviewed as a medical evaluation board.”  
The memo indicates that the applicant was found unfit by the 
Informal Physical Evaluation Board (IPEB) on 27 Jun 02 for the 
condition of Diabetes insipidus and that the applicant concurred 
with the findings of the IPEB on 16 Jul 02. The applicant 
reportedly did not appeal the decision to the FPEB and on 9 Aug 
02, requested to be transferred to the Retired Reserve effective 
30 Aug 02.

A complete copy of the AFBCMR Medical Consultant evaluation is 
at Exhibit C.

AFPC/DPFDD recommends denial indicating there is no evidence of 
an error or an injustice.  A review of the applicant’s file 
indicates he was referred to the Disability Evaluation System 
for a determination of fitness for duty and was found unfit by 
the IPEB for the condition of diabetes insipidus.  On 23 Jul 02, 
he concurred with the findings and waived his right to appeal 
the unfit decision to the Formal Board.  On 9 Aug 02, the 
applicant requested transfer to the Retired Reserve, effective 
30 Aug 02.  The applicant was provided the opportunity to appeal 
the IPEB recommendation of medical disqualification, but chose 
to accept the finding and transfer to the Retired Reserve.  
Additionally, the applicant has not met the burden of proof of 
error or injustice to warrant a change of the record.  

A complete copy of the AFPC/DPFDD evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 2 Apr 15 for review and comment within 30 days 
(Exhibit E).  As of this date, no response has been received by 
this office.


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; however, we agree with the opinions and 
recommendations of the AFBCMR Medical Consultant and Air Force 
office of primary responsibility and adopt their rationale as 
the basis for our conclusion the applicant has not been the 
victim of an error of injustice.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the requested relief.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 Docket 
Number BC-2014-03777 in Executive Session on 14 May 15, under 
the provisions of AFI 36-2603:

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-03777 was considered:

	Exhibit A.  DD Form 149, dated 12 Sep 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFBCMR Medical Consultant, 
                 dated 9 Mar 15.
	Exhibit D.  Memorandum, AFPC/DPFDD, dated 23 Mar 15.
      Exhibit E.  Letter, SAF/MRBR, dated 2 Apr 15.