RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-003-00058
			INDEX CODE:  112.05
			COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His disability pay that he was receiving at the time of his discharge be restarted.

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APPLICANT CONTENDS THAT:

When he was discharged from the service he was given a 10% disability rating due to malaria and drew $11.20 a month for two years.  He was called to Nashville, TN for a medical examination, but due to financial problems and length of travel from his home to Nashville, he could not afford to go and his pension was terminated.  He has continued to have weak spells, occasional yellow skin, and have had three different heart surgeries that he has been told was probably contributed to the malaria.  He also has had a problem with hearing and he had a ruptured ear drum during a flight tour.

In support of his application, he submits a personal statement, a copy of his Certification of Military Service.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty on 16 August 1943 and served as an aircraft radio mechanic in Italy and Southern France.  While in Italy he was diagnosed with malaria.  Hospital records indicate he was hospitalized in Brindisi, Italy from 13 thru 27 October 1944 and discharged with a diagnosis listed as "Malaria Fever, clinical, manifested by repeated chills and fever, negative blood smears, response to quinine", and was returned to duty.  He was honorably discharged on 6 October 1945 at the convenience of the government after 1 year, 8 months, and 23 days of active service.  At the time of his discharge examination, there was no condition that rendered him unfit for continued service or required evaluation in the disability system.  Subsequent to his discharge from the military, it appears that the Department of Veterans Affairs (DVA) initially granted him a 10% disability rating for service-connected malaria.  He underwent a DVA medical examination on 18 December 1946 that reported he had experienced recurrent symptoms diagnosed as recurrent malaria by his private physician and treated with Atabrine.  At the time of the examination he had no medical complaints, and the laboratory tests were negative for malaria and he was assigned a non-compensable rating (zero).  His claims for service-connected compensation from the DVA for weak spells, yellow skin, heart surgery, and hearing loss due to the malaria have been repeatedly denied.  

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states that the applicant has provided no medical documentation that shows any evidence which supports his contention.  His hearing loss developed 40 years after discharge and is not related to malaria while in the service.  He had a perforated left eardrum that was documented as healed at the time of discharge and his hearing was documented as normal.  His heart disease is not documented but likely to be atherosclerotic coronary artery disease, unrelated to a history of malaria.  He provides no medical documentation of evaluations of his reported episodes of weak spells and yellow skin but it is highly unlikely to represent active malarial infection especially with prior treatments with quinine and quinacrine.  One species of malaria has been reported to persist over 40 years in an asymptomatic, untreated individual.  This species is effectively treated with quinine and quinacrine and it is highly unlikely the applicant has persistent infection after several courses of treatment he received.  The applicant had no medical condition at the time of his separation from the military that warranted evaluation in the Air Force disability system.  The BCMR Medical Consultant's evaluation is at Exhibit C.

AFPC/DPPD recommends denial.  DPPD found no reasons why his records should be corrected to show his eligibility for VA compensation following his discharge.  The matter is not within the realm of their responsibility and jurisdiction and recommends the applicant contact his local DVA representative to try to resolve the issue.  AFPC/DPPD evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 1 August 2003 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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we do not find his uncorroborated assertions sufficiently persuasive to override the rationale provided by the Air Force.  We see no evidence, which would lead us to believe that at the time of his separation, a physical condition existed that would have disqualified him from worldwide military service.  Therefore, we see no reason why he would have been eligible for consideration in the disability evaluation system.  We agree with the opinions and recommendation of the Air Force offices 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.  In the absence of persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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-2003-00058 in Executive Session on 3 Sep 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Dec 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 19 Jun 03.
    Exhibit D.  Letter, AFPC/DPPD, dated 24 Jul 03.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Aug 03.