AFBCMR BC-2008-02960

INDEX CODE:  137.04

MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR

SUBJECT:  APPLICANT

	Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice.  Therefore, under the authority delegated in AFI 36‑2603, the applicant's records will be corrected as set forth in the accompanying Memorandum for the Chief of Staff signed by the Executive Director of the Board or his designee.

	Members of the Board considered this application on 16 September 2008.

                                                                          
                                                                          Panel Chair

Attachments:
1.  Ltr, BCMR Medical Consultant, dtd 12 Sep 08, w/Atch
2.  Ltr, AFRC/SGP, dtd 2 Sep 08, w/Atch

AFBCMR BC-2008-02960

MEMORANDUM FOR THE CHIEF OF STAFF

	Under the authority of Section 1552, Title 10, United States Code and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

		a.  On 5 April 2006, he was found unfit to perform the duties of his office, grade, rank or rating by reason of a physical disability incurred while entitled to basic pay; that the diagnosis in his case was Malignant Melanoma, advanced, with metastases, VASRD Code 7833, rated at 100 percent; that the degree of impairment was a permanent condition; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; that the disability was not received in line of duty as a direct result of armed conflict or caused by an instrumentality of war.

		b.  On 6 April 2006, he was honorably released from active duty under the provisions of AFI 36-3212 and, effective 7 April 2006, he was placed on the Permanent Disability Retired List rather than the Reserve Retired List awaiting pay at age 60.  

                                                                       
                                                                       Chief Examiner
                                                                       Air Force Board for Correction
                                                                       of Military Records