RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01369
		INDEX CODE:  108.02

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His medical record be reviewed again based on events that followed final adjudication of his case.

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APPLICANT CONTENDS THAT:

New medical information became available after final adjudication of his case that he believes warrants another review of his record.

In support of his appeal, applicant has provided medical documentation and medical discharge paperwork.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant, while a member of the Maine Air National Guard (ME ANG), met a Medical Evaluation Board (MEB) on 12 November 2002.  The results of the board were forwarded to the Informal Physical Evaluation Board (IPEB) for review.  The IPEB found that the applicant suffered from cardiomyopathy associated with atrial fibrillation that is considered unfitting for continued military service.  The IPEB recommended that the applicant be permanently retired with a 30% disability rating and he agreed with the findings.dfghbvfd

The applicant was permanently retired under the provisions of Air Force Instruction (AFI) 36-3212 with a permanent disability rating of 30%.  Applicant’s retirement was effective 24 April 2003 after 20.76 years of military service.  He was retired in the grade of Senior Master Sergeant (SMSgt).

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AIR FORCE EVALUATION:

AFPC/DPPD reviewed this application and recommended denial.  DPPD presented the additional medical information, provided by the applicant, to the IPEB to determine if an error or injustice occurred at the time of the original MEB/PEB process.  The new evidence consisted of the loss of vision in his left eye, his anxiety disorder, and his mild neuropathy.  The IPEB reviewed the evidence and determined that the documentation failed to provide any new medical evidence that would change the original decision/recommendation.

DPPD indicates after reviewing the case file, and taking into account the additional medical data provided by the member, DPPD concluded the applicant was treated fairly throughout the Air Force DES and that he was properly rated under Federal guidelines.  In addition, it was also noted the applicant was afforded the opportunity for further review by additional available boards during the DES process which he declined.

DPPD recommends no further action be taken on the applicant’s request.  The additional information was reviewed on 6 May 2003, by the IPEB, and found insufficient to alter the original findings.

AFPC/DPPD’s complete evaluation 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 16 May 2003 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 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.  The applicant’s request to have his medical record re-reviewed on the introduction of new medical evidence was, in fact, carried out by an Informal Physical Evaluation Board (IPEB) on 6 May 2003 and found insufficient to alter the original findings.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to change the findings of the medical board.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number BC-2003-01369 in Executive Session on 5 August 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Apr 03, w/atchs. 
    Exhibit B.  Applicant's Medical Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 8 May 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 16 May 03.