RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02148
		INDEX NUMBER:  145.00
		COUNSEL: 

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The findings of his physical evaluation board (PEB) be set aside, he be reinstated and placed on the disabled retired list.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The PEB did not consider the seriousness of his medical condition and also did not consider his length of service.  He believes that his medical history is proof that the board did not fully appreciate the seriousness of his illness.  He is rated 100% disabled by the Department of Veteran Affairs, has spent many years as an outpatient in the VA medical system and has been hospitalized three or four times for this psychosis.  He also believes that due to his service connected disability, he was unable to continue his position as a teacher.

In support of his request, the applicant submits two personal statements, a copy of DD Form 214, Report of Separation from the Armed Forces of the United States, a copy of his Department of Veterans Affairs Disability Rating, a copy of DD Form 877, Request for Medical/Dental Records, and excerpts from his medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Navy on active duty 25 February 1948 and served until his 24 February 1953 discharge.  In May 1953, he applied for Department of Veterans Affairs disability compensation, providing a medical statement from a physician, stating that he experienced a one-year history of nervousness, irritability and black outs, and on examination appeared to be suffering from a psychosis.  His VA claim was denied because he did not pursue completion of the claims process. He entered active duty in the Air Force on 17 July 1953.  He was disability discharged and placed on the Temporary Disability Retired List (TDRL) on 8 July 1959 after 10 years, 11 months and 22 days of active duty service in the Navy and the Air Force.  On 30 November 1960, he was removed from the TDRL and discharged with severance pay.  His DVA medical records show that he began experiencing recurrent symptoms of paranoid feelings in April 1974, but was able to continue to work until 1979, after which he remained unemployed due to his schizophrenia.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR Medical Consultant recommends denial.  The reason the applicant could be found unfit for duty by the Air Force at a certain disability level and later be granted a higher service-connected disability by the DVA lies in understanding the differences between Title 10, U.S.C., and Title 38, U.S.C. Title 10 U.S.C., Chapter 61 is the federal stature that charges the Service Secretaries with maintaining a fit and vital force.  Once an individual has been declared unfit, the Service Secretaries are required by law to rate the condition based upon the degree of disability at the time of permanent disposition and not on future events.  No change in disability ratings can occur after permanent disposition, even though the condition may become better or worse.  However, Title 38, USC authorizes the DVA to increase or decrease compensation ratings based upon the individual’s condition at the time of future evaluations.  

There is no evidence to support a higher rating at the time of permanent disposition.  His case was properly evaluated, appropriately rated and received full consideration under the provisions of AFM 35-4.  Action and disposition in this case are proper and reflect compliance with Air Force directives, which implement the law.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Dec 03, for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

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.  Evidence has not been presented which would lead us to believe that his disability discharge and the final disposition of his case were in error or contrary to the governing Air Force regulations, which implement the law.  Therefore, we agree with the opinion and recommendation of the Air Force office 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 evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 2 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered for AFBCMR Docket Number BC-2003-02148:

	Exhibit A.  DD Form 149, dated 14 Jun 03, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, BCMR Medical Consultant, dated 8 Dec 03.
	Exhibit D.  Letter, SAF/MRBR , dated 19 Dec 03.