RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01278
		INDEX CODE:  108.02

		COUNSEL:  DAV

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His disability discharge be changed to disability retirement.
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APPLICANT CONTENDS THAT:

The Formal Physical Evaluation Board (FPEB) did not consider several key medical conditions; therefore, they were not rated as unfitting.  These medical conditions are secondary to multiple sclerosis, diagnosed less than a year after his discharge.

In support of his request, applicant submits copies of AF Form 356 (Findings and Recommended Disposition of FPEB) and the decision by the Department of Veterans Affairs (DVA).  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 19 September 1988.  He was progressively promoted to the grade of staff sergeant (E-5), with an effective date of rank of 1 October 1997.

Information extracted from applicant’s military personnel record reveals his initial entry date into the Weight Management Program (WMP) as 1 October 1999.

A Medical Evaluation Board (MEB) was convened on 1 May 2001 and their diagnosis and findings were Sleep Apnea on continuous positive airway pressure (CPAP), with November 2000 as the approximate date of origin, and mild Asthma, with December 1999 as the approximate date of origin.  The MEB recommended return to duty.  The applicant and his commander disagreed with the findings and appealed to the Physical Evaluation Board.

On 30 May 2001, an Informal Physical Evaluation Board (IPEB) convened and established a diagnosis of Asthma, mild persistent, with a 10 percent disability rating (an unfitting condition, which is compensable and ratable); and, Sleep Apnea, markedly improved on CPAP (can be an unfitting condition, but not currently compensable or ratable).  The IPEB found the applicant unfit because of physical disability and recommended discharge with severance pay, with a compensable disability rating of 10 percent.  On 13 June 2001, the applicant disagreed with the findings and recommended disposition of the IPEB and requested a Formal PEB (FPEB).

On 11 July 2001, the applicant appeared before a Formal Physical Evaluation Board (FPEB).  The FPEB found the applicant unfit due to his mild asthma and recommended discharge with severance pay, with a compensable rating of ten percent.  On 12 July 2001, the applicant disagreed with the findings and recommended disposition of the FPEB and appealed to the Secretary of the Air Force Personnel Council (SAF/MRBP).

On 20 August 2001, after considering the applicant’s rebuttal letter, with attachments, the evidence and testimony presented before the FPEB, IPEB, service medical records and the medical summary leading to the MEB, SAF/MRBP concurred with the recommendations of both the IPEB and FPEB for a disposition of separation with severance pay, with a combined disability rating of ten percent.  Officials within the Office of the Secretary of the Air Force directed that the applicant be discharged with entitlement to disability severance pay, with a disability rating of ten percent.

On 9 October 2001, the applicant was honorably discharged under the provisions of AFI 36-3212 (Disability, with Severance Pay).  He had completed a total of 13 years and 21 days of active service and was serving in the grade of staff sergeant (E-5) at the time of discharge.

Information extracted from applicant’s military personnel records indicate that, on 25 July 2003, the Department of Veterans Affairs granted the applicant a combined disability rating of 80 percent, effective 28 August 2002.
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AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized the information contained in the applicant’s personnel and medical records and is of the opinion that no change in the applicant’s record is warranted.  Details of his evaluation are at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 19 December 2003 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

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 recommendation of the BCMR Medical Consultant and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  No evidence has been provided to reflect he was not treated fairly and properly by the Air Force and all procedures were followed.  In view of the above and absent evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.
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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.
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The following members of the Board considered this application in Executive Session on 25 February 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 Mar 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 24 Nov 03.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.