RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02406
		INDEX NUMBER:  145.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be given a medical retirement.  

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APPLICANT CONTENDS THAT:

He had an injury which occurred while on active duty.  He is unable to work and has no income.  

In support of his application, the applicant provides copies of correspondence and documents relating to his Formal Physical Evaluation Board (FPEB), Informal PEB and Medical Evaluation Board (MEB).  Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Effective 2 June 2004, applicant was assigned to the Retired Reserve Section awaiting Retired pay at age 60 (August).  His assignment to the Retired Reserve Section was in the grade of master sergeant with a date of rank of 1 March 2000.  He was credited with 31 years, 9 months and 25 days of satisfactory Federal service.   

Based on the applicant’s condition of pain in the right side of his heel and ankle while on extended active duty from 9 April 2002 to 25 August 2002, a Medical Evaluation Board (MEB) was convened to consider his case.  The MEB rendered diagnoses of right foot and ankle pain.  On 12 December 2003 and 4 March 2004, a Physical Evaluation Board was convened to consider his case.  Under Category I, the board found the applicant possessed no unfitting conditions which were compensable and ratable.  Under Category II (conditions that could be unfitting but were not currently compensable or ratable), the board rendered a diagnosis of “Chronic Right Plantar Fasciitis Causing Right Foot/Ankle Pain, 10 Disability Rating/NA.” Under Category III, (Conditions that are not separately unfitting and not compensable or ratable), the board rendered a diagnosis of “Obesity.”    The board found the applicant was unfit because of a disability not incurred while entitled to receive basic pay.  The board recommended he be discharged under other than Chapter 61, Title 10.  On 14 March 2004, the applicant disagreed with the findings and recommendations of the FPEB and contended that the FPEB quotes regulations without considering human factors.  On 29 April 2004, the Secretary of the Air Force directed that the applicant be administratively discharged under other than Chapter 61, Title 10, confirming the finding “not in line of duty”; existed prior to service without service aggravation.  

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AIR FORCE EVALUATIONS:

AFPC/DPPD recommends the application be denied.  Based upon review of the disability processing records and supporting documentation, AFPC/DPPD states that the applicant was treated fairly throughout the MEB and PEB process and determines that no injustice or error occurred.   The AFPC/DPPD evaluation is at Exhibit C. 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

On 20 August 2004, a copy of the Air Force evaluation was sent to the applicant for review and comment.  As of this date, this office has not received a 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 error or injustice.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the documentation presented sufficiently persuasive to warrant a change in his records.  We do not dispute the circumstances of his medical condition; however, it appears the applicant’s medical case was properly evaluated under the appropriate Air Force regulations, which implement the law.  Other than his own assertions, the applicant has provided no evidence that would lead us to believe the assessment of his medical condition and the determination that his condition existed prior to service were based on factors other than accepted medical principles.  Therefore, we have no basis to conclude that the applicant's treatment while in and discharge from the Air Force Reserve was improper.  We are sympathetic to the applicant’s situation and recommend he pursue the Department of Veterans Affairs disability system for appropriate care and benefits.  In view of the above, we have no basis to favorably consider the applicant's request.  

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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 14 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered for AFBCMR Docket Number 04-02406:

	Exhibit A.  DD Form 149, dated 28 Jul 04, w/atchs.
	Exhibit B.  Letter, AFPC/DPPD, dated 9 Aug 04.
	Exhibit C.  Letter, SAF/MRBR, dated 20 Aug 04.