RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2003-01923
			INDEX CODE:  110.02, 108.10
			COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His voluntary discharge be changed to a disability retirement.

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APPLICANT CONTENDS THAT:

After the USAF medical examination that terminated his Temporary Disability Retirement List (TDRL) status, he was given the option to return to active duty with a profile or to separate from the Air Force.  He chose release from active duty because he had obtained a job in the Federal Government.  At the time of his release from active duty, he had no idea that there would be latent medical problems that would appear many years later as the result of having received radiation therapy for the service-connected Hodgkin's Lymphoma.

In support of his appeal, the applicant provides copies of medical records from the Department of Veteran Affairs (DVA), photos, and other documents extracted from his military records.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force on 14 September 1972, and served as a Medical Administration Specialist.  In February 1975, he was diagnosed with Hodgkin's disease (cancer of the lymph nodes) and was treated with removal of his spleen and radiation therapy in April 1975, leading to remission of his lymphoma.  During treatment he experienced radiation induced lung inflammation and an episode of shingles, both of which were resolved.  In January 1976, he was diagnosed with a polyneuropathy felt consistent with the Guillain Barre Syndrome possibly related to a viral upper respiratory tract infection that he experience several weeks before.  His weakness progressed to the point of requiring a mechanical respirator to assist with breathing.  He partially recovered and was off the ventilator after nine days.  He did not show satisfactory recovery and a Medical Evaluation Board (MEB) was initiated in April 1976.  On 30 June 1976, the Physical Evaluation Board (PEB) placed him on the TDRL at 100% due to his neurological disease.  Through two TDRL periods he showed gradual improvement and in August 1977, he was said to have completely recovered from the Guillain Barre Syndrome.

The February 1979, TDRL evaluation showed his Hodgkin's Disease was still in remission and he had recovered from his Guillain Barre Syndrome with only minimal evidence of any residual weakness.  His chest x-ray reported as normal showed no evidence of lymphoma or lung abnormality.  On 18 April 1979, the PEB determined he was fit for duty and recommended removal from the TDRL.  On 8 May 1979, he concurred with the findings of the PEB and signed AF Form 188, indicating that he did not desire reenlistment in the Air Force.  He was removed from the TDRL and honorably discharged effective 5 June 1979.  He was credited with 3 years, 10 months, and 18 days of total active military service.

A DVA Rating Decision dated 13 August 2003, denied his claim for individual unemployability because he had not provided employment information.  He was given a combined service connected disability rating of 70% for post operative residuals, splenectomy rated at 30%; inflammatory airway disease associated with Hodgkin's Disease rated at 30%; Hypothyroidism rated at 10% 30%; Guillain Barre Syndrome with reduced pulmonary function rated at 10%; Hodgkin's Disease rated at 0%; Residuals of tracheal scarring rated at 0%; and Basal Cell Carcinomas rated at 0%.  His coronary artery disease and anemia were not granted service connection.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states that during the 2-1/2 years the applicant was on the TDRL, he showed no evidence of recurrence of his cancer and recovered essentially completely from his neurological disorder and was found fit to return to duty by the PEB.  As was his option, he declined the opportunity to reenlist and return to active duty.  Twenty years later, he developed a number of conditions associated with his prior radiation therapy including hypothyroidism, lung disease, and basal cell skin cancer.  Hodgkin's lymphoma patients treated with radiation therapy are also at increased risk for the development of coronary artery disease.  He contends that these service connected medical conditions developing many years after his discharge entitle him to retroactive military disability retirement.

The DVA is chartered to offer compensation and care to all eligible veterans for any service connected disease or injury without regard to whether it was unfitting for continued military service.  The DVA is also empowered to reevaluate veterans periodically for the purpose of changing their disability awards if their level of impairment varies over time.

The applicant was fit for military service at the time of his permanent disability determination.  He voluntarily declined reenlistment.  In the decades following his discharge, he developed medical problems related to his medical condition while on active duty and has been properly granted service-connected benefits by the DVA.  Therefore, no change in the records is warranted.

The BCMR Medical Consultant's complete advisory is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he elected not to reenlist because he was forced to find work while he was on the TDRL.  When the DVA adjudicated him he received approximately $2,400 a month, but when he informed them that he was recovering, the DVA reduced his compensation to about $500 a month.  This forced him to find employment as an Army civilian employee.  Although the service and DVA disability systems are complementary and not intended to be duplicative, the DVA has no benefit of military exchange and commissary privileges.  If the AFBCMR is not willing to grant his request, then the applicant asks that consideration be given to authorizing him exchange privileges.  The evaluator notes that the radiation therapy cured his lymphoma.  He had a best friend whose lymphoma was successfully cured, but died of a treatment-related leukemia a few years later.  

In support of his request, applicant provided a personal statement and a synopsis of his medical conditions and the medical treatments he has endured.  His complete submission, with attachments, is at Exhibit E.

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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.  After thoroughly reviewing the available evidence of record and the applicant's submission, it appears that while he was on the TDRL his conditions improved to the point where it was determined that he could be returned to duty.  However, the applicant elected not to reenlist.  The applicant has not submitted any material or documentation to show he was unfit under the provisions of military laws and policy at the time of final disposition of his case.  Since no disqualifying medical conditions existed at the time, we see no reason why he would have been eligible for a disability retirement.  Therefore, we agree with the BCMR Medical Consultant that the applicant's removal from the TDRL was proper based on his condition at the time and he has been properly evaluated and granted service-connected benefits by the DVA, which was chartered by law to rate conditions at the time of future evaluations.  With respect to his request that he be granted exchange privileges, since we find no evidence of an error or injustice that would warrant granting the applicant's request for a disability retirement, favorable consideration of his request for exchange privileges is not warranted. In the absence of persuasive 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 AFBCMR Docket Number BC-2003-01923 in Executive Session on 16 Mar 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 9 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Feb 04.
    Exhibit E.  Letter, Applicant, dated 23 Feb 04.