RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00639
		INDEX NUMBER:  145.00
	XXXXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be made eligible to receive Disability Service Pay.

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APPLICANT CONTENDS THAT:

When he joined the Air Force, he was in very good health and later became ill while serving.  He was discharged from the hospital on 22 May 56 with a physical disability of severe internal bleeding.  He was concerned about his future health in civilian life, but was told once he left the Air Force, he was not entitled to any further help.  He believes that he was wrongly denied medical assistance and basic compensation.

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

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 24 Jun 55 and within two weeks developed recurring symptoms of bloody diarrhea and abdominal pain subsequently diagnosed as ulcerative colitis in Jan 56.  In Mar 56, he was admitted to the hospital for evaluation and a recommendation made to return him to civilian life.  The applicant was referred to a medical evaluation board (MEB) that determined that the applicant was incapacitated for further military service because of recurrent, bloody diarrhea.  It was recommended that he appear before a Physical Evaluation Board (PEB).  On 30 Apr 56, applicant appeared before a PEB.  The PEB determined that the applicant was unfit and his disability might be permanent and was not compensable.  He was diagnosed with colitis, ulcerative, universal, moderate, slightly improved, with infrequent exacerbations.  The disability was rated at 10 percent and considered to have existed prior to service.  The applicant did not concur with the PEB finding that his condition existed prior to service and submitted a rebuttal.  The Physical Review Council concurred with the PEB and recommended to the Secretary of the Air Force Personnel Council that the applicant be separated without disability severance pay.  The applicant was subsequently discharged on 22 May 56 under the authority of Air Force Manual 35-4 for physical disability that existed prior to service.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.  The applicant developed symptoms of ulcerative colitis while in basic military training and was discharged without compensation for a chronic medical condition that existed prior to service.  The applicant claimed that he did not have any symptoms of his ulcerative colitis prior to entering active duty.  Ulcerative colitis is a chronic inflammatory disease of the colon that usually has an insidious onset but may present abruptly.  The PEB concluded that the applicant’s ulcerative colitis existed prior to service because it manifested so close to the date that he entered active duty that the disease could not have originated in so short a period.  Later DoD disability policy was clarified to state: “Signs or symptoms of chronic disease identified so soon after the day of entry on Military Service (usually within 180 days) that the disease could not have originated in that short a period will be accepted as proof that the disease manifested prior to entrance into Military Service” (current DoDI 1332.38).  Had the PEB concluded that the applicant’s condition did not exist prior to entering service, the applicant would have been discharged with severance pay at 10%.  He would not have received a disability retirement.

The complete evaluation is at Exhibit C.

AFPC/DPPD recommends denial of the applicant’s request.  Following their assessment, they determined that the applicant was treated fairly throughout the Air Force disability evaluation process.

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force evaluations, the applicant again reiterates that upon entering the military, he was in good health.  He completed basic training with no health problems whatsoever.  He states that the statements in the BCMR Medical Consultant’s evaluation that he had already experienced symptoms of ulcerative colitis are untrue and unfounded.  He was not treated for ulcerative colitis two weeks into basic training as stated in the Memorandum.

It is his understanding, based upon the diagnosis of military and private sector physicians, that the actual determination of when ulcerative colitis begins or ends cannot be accurately diagnosed.  In fact, he has been led to believe that a complete cure for ulcerative colitis is not available.  Based on these issues, he finds it hard to believe that his condition of ulcerative colitis was a pre-existing health condition simply because symptoms began to present themselves months after he entered the Air Force.

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.  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 agree with the opinions and recommendations 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.  We note the applicant’s assertions that statements made about when he developed Ulcerative Colitis are incorrect.  However, his records clearly show that this was the determination made at the time of his PEB and that his nonconcurrence with the PEB findings was considered before the final adjudication of his case.  Other than his own assertions, he has not provided any credible evidence that warrants an overturn of a decision made over 47 years ago.  Therefore, 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-2003-00639 in Executive Session on 20 August 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 2 Jun 03.
    Exhibit D.  Memorandum, AFPC/DPPD, dated 18 Jun 03.
    Exhibit E.  Letter, SAF/MRBR, dated 20 Jun 03.
    Exhibit F.  Letter, Applicant, dated 28 Jun 03.

                                   
                                   Panel Chair