RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-03941

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded a partial disability rating for vision loss in his right eye.

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THE APPLICANT CONTENDS THAT:

He was told during a physical examination at the end of his four-year enlistment that, due to his eyesight in his right eye, he would not be eligible to reenlist.

In support of the appeal, the applicant submits a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

A Report of Medical Examination, prepared in conjunction with the applicant’s 6 March 1956 enlistment physical, states that the applicant had, “right esotropia (cross-eyed), 10 degrees without fixation residual from esotropia surgery at age 5.  Not considered disqualifying.  Left Suppression amblyopia (dimness of vision) also not considered disqualifying e.3.”

The applicant enlisted in the Regular Air Force on 8 March 1956 for a period of four years.

On 17 November 1956, he shot himself in the left upper chest, with a .45 caliber pistol.  He was admitted to the 6407th USAF Hospital on that date, treated for his injury, and released on 7 December 1956.

He underwent a Medical Examination on 4 January 1957, at which time it was noted that he had been unable to see from the right eye since birth and documented only light perception of the right eye.

He underwent a separation physical on 4 February 1960, and was found qualified for separation and not qualified for reenlistment.  His EPTS amaurotic (blind) right eye condition, with very poor uncorrectable visual acuity 20/2000 was noted.

He was released from active duty and transferred to the Air Force Reserve on 7 March 1960.  He completed four years of active service.

He was honorably discharged from the Air Force Reserve on 7 March 1962.

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AIR FORCE EVALUATIONS:

The BCMR Medical Consultant recommends the application be denied and states, in part, that the applicant had an existing prior to service (EPTS) eye condition that was waived at the time of his enlistment and he completed his four-year term of service receiving an honorable discharge.  His eye condition was noted in his enlistment, periodic, and separation medical examinations, and there was no evidence of service-incurred injury, disease or aggravation of his vision.  His separation physical noted that his visual impairment was disqualifying for reenlistment.  He provides no evidence that he applied to reenlist but was denied based on his eye condition.  However, the Air Force may choose to waive certain conditions or not depending on its needs at the time and subsequent rejection for his condition would not have represented an impropriety or inequity.  He had no medical condition that would have warranted evaluation in the disability system.  Medical conditions that exist prior to service are not eligible for disability compensation unless military service has permanently aggravated the condition beyond the natural progression of the condition.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPD recommends the application be denied.  AFPC/DPPD states, in part, that the applicant has failed to provide medical documentation to substantiate that an injustice occurred during the period of his release from active duty that would warrant a change to his records to show that he was awarded a disability percentage.  The applicant was approved for separation but not qualified for reenlistment due to his history of blindness in the right eye since his birth.  No service aggravation appeared evident as a result of his military service but merely a natural progression of his condition.  Had the applicant been referred to a Medical Evaluation Board (MEB) for his amblyopic condition, the Informal Physical Evaluation Board (IPEB) would have found his condition to have existed prior to his military service, without service aggravation, and recommended that he be discharged.

The AFPC/DPPD evaluation is at Exhibit D.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The applicant states that at the time of his enlistment, his minor visual impairment was noted and it was not until he tried to reenlist, that he was told he could not.  He was never advised what RE code 3 meant or that he had enlisted with a waiver.  While the BCMR Medical Consultant’s evaluation states that his visual acuity in 1960 was 20/2000, there is no indication as to what his visual acuity was at the time of his enlistment examination in 1956.  He states that at the time of his enlistment, he could see more than just light.

The applicant’s complete response is at Exhibit F.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant correcting the applicant’s records to show that on 7 March 1960, he was not released from active duty, but on that date he was separated by reason of physical disability, with a 10% rating.  In this respect, a majority of the Board notes that a 6 March 1956 Report of Medical Examination indicates that the esotropia of his right eye and amblyopia of the left eye were not considered disqualifying for enlistment; however, his separation physical completed on 4 January 1960 indicates that he was found not qualified for reenlistment and his EPTS amaurotic (blind) right eye condition was very poor, with uncorrectable visual acuity 20/2000.  In view of this, a majority of the Board finds that the applicant has met his burden of showing that his EPTS eye condition was permanently aggravated by his active duty service beyond the natural progression of the condition.  Therefore, a majority of the Board recommends the applicant’s records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

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

	a.	On 6 March 1960, he was found unfit to perform the duties of his office, rank, grade or rating by reason of physical disability incurred while entitled to receive basic pay; that the diagnosis in his case was right amaurotic, mild, VA Diagnostic Code 6099, rated at 10%; that the disability may be permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of national emergency; and that the disability was not received in line of duty as a direct result of armed conflict.

	b.	On 7 March 1960, he was honorably discharged under the provisions of AFR 35-4, Physical Disability, with entitlement to severance pay.

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The following members of the Board considered Docket Number BC-2002-03941 in Executive Session on 22 May 2003, under the provisions of AFI 36-2603:

By majority vote, the Board voted to correct the applicant’s records, as recommended.  Mr. XXXX voted to deny the application, but does not wish to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Dec 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 6 Mar 03.
    Exhibit D.  Letter, AFPC/DPPD, dated 7 Apr 03.
    Exhibit E.  Letter, SAF/MRBR, dated 11 Apr 03.
    Exhibit F.  Letter, Applicant, undated.

                                   

AFBCMR BC-2002-03941

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), 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 6 March 1960, he was found unfit to perform the duties of his office, rank, grade or rating by reason of physical disability incurred while entitled to receive basic pay; that the diagnosis in his case was right amaurotic, mild, VA Diagnostic Code 6099, rated at 10%; that the disability may be permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of national emergency; and that the disability was not received in line of duty as a direct result of armed conflict.

	b.	On 7 March 1960, he was honorably discharged under the provisions of AFR 35-4, Physical Disability, with entitlement to severance pay.