RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03867
INDEX CODE:  108.00
								COUNSEL: NONE
								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

He be returned to active duty for evaluation through the Disability Evaluation System (DES).  

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APPLICANT CONTENDS THAT:

He was released without being informed of his rights and benefits.  

In support of his request, the applicant provides a copy of his Veterans Affairs (VA) psychiatric progress notes and radiology reports.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

According to the separation document provided by the applicant, he was retired (awaiting pay at age 60) from the Air National Guard effective 31 Jan 98 in the grade of staff sergeant having assumed that grade and with an effective date of rank of 11 Jan 96.  He served 17 years, 11 months, and 7 days of satisfactory federal service.  

The remaining relevant facts pertaining to this case are contained in the Air Force advisory opinion at Exhibit B. 

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AIR FORCE EVALUATION:

NGB/SGPD recommends denial.  SGPD states that the applicant was disqualified from worldwide duty (internal derangement, left knee) on 5 Jun 97.  The applicant's evaluating orthopedic physician stated it would be extremely unlikely that the applicant would ever be able to return to aircraft mechanic work which required squatting, kneeling, and crawling into positions.  There was no mention of Post-Traumatic Stress Disorder (PTSD) in the "Past Medical History" portion of his narrative summary that was used to process his disability case.  Prior to undergoing DES processing, SGPD advises the applicant completed a medical 
history form and declined personal or family history of "psychosis" or any other significant medical or surgical history.  The applicant's evaluating physician stated, "In my professional opinion and using the extent of my experience in working with PTSD veterans, XXXXXXXX clearly and without a reasonable doubt in my mind, has been affected by all of these memories via his irritability, substance abuse and relational problems.  His unemployment relates to this PTSD and his attitude about authority and life."   

The complete NGB/SGPD evaluation is at Exhibit B.

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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 08 for review and comment within 30 days.  As of this date, this office has received no response.  

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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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and do not find that it supports a determination that the applicant warrants reevaluation through the DES.  We note the applicant was disqualified for worldwide duty due to his diagnosis of internal derangement, left knee; however, we found no evidence in the applicant’s available records of any other medical condition that warrants consideration through the DES.  Accordingly, we agree with the opinion of the Air Force office of primary responsibility that action and disposition in this case were proper and equitable reflecting compliance with Air Force directives that implement the law.  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-2007-03867 in Executive Session on 17 Jun 08, under the provisions of AFI 36‑2603:

The following documentary evidence pertaining to Docket Number BC-2007-03867 was considered:

	Exhibit A.  DD Form 149, dated 17 Nov 07, w/atchs.
	Exhibit B.  Letter, NGB/A1PS, dated 9 May 08, w/atch.
	Exhibit C.  Letter, SAF/MRBR, dated 16 May 08.