RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01348
		INDEX NUMBER:  108.00
	XXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be granted a medical retirement from the Air Force.

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APPLICANT CONTENDS THAT:

He was previously placed on the Temporary Disability Retired List (TDRL).

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 20 Apr 1983.  In Jan 84, medical authorities recommended that the applicant meet a medical evaluation board (MEB) based on his previous diagnosis and treatment for diabetes mellitus, Type I, insulin dependent.  On 2 Feb 84, the applicant met a MEB, which determined that the applicant’s diabetes was under fair control and recommended that he be returned to duty.  Because the applicant’s defect rendered him questionable for worldwide duty, it was recommended that the applicant’s case be presented to the Informal Physical Evaluation Board (IPEB).  On 28 Feb 84, the IPEB found that the applicant’s defect rendered him physically unfit for worldwide duty and recommended that he be temporarily retired.  On 5 Mar 84, the applicant concurred with the findings and recommended disposition of the IPEB.  On 3 Apr 84, the applicant was placed on the TDRL with a 40% disability rating.  On 28 May 85, the IPEB reevaluated the applicant and recommended that he be permanently retired.  On 14 Jun 85, the applicant concurred with the recommended findings of the IPEB.  On 12 Jul 85, the Secretary of the Air Force (SECAF) approved the recommendation that the applicant be removed from the TDRL effective 1 Aug 85.  The applicant was removed from the TDRL and retired from the Air Force on 1 Aug 85 with a 40% disability rating.

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AIR FORCE EVALUATION:

AFPC/DPPD advised that the applicant already has a permanent disability discharge with a 40% disability rating.  They determined that no error or injustice occurred during his process through the Disability Evaluation System.  Since the applicant already has a disability retirement, no further action is required.

The complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30 May 03 for review and comment within 30 days.  To date, a response has not been received.

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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 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 opinion and recommendation of the Air Force office of primary responsibility 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 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 Docket Number BC-2003-01348 in Executive Session on 20 August 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPD, dated 20 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 30 May 03.