RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-02165
		INDEX CODE 110.02  108.03
	 	COUNSEL:  None

	 	HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be granted a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time he was diagnosed with Type 1 Diabetes he was not granted a medical discharge, just released. Due to diabetes complications, along with injuries sustained after military service, he faces the inevitable loss of both legs. He is currently disabled.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserve (USAFR) on 18 Oct 85. He entered active duty on 3 Feb 86 and, after 1 year, 6 months and 12 days of active service, was released from active duty on 14 Aug 87 so he could transfer to the XXXXXX Air National Guard (XX ANG). He enlisted for four years on 2 Sep 87. On 17 Jun 88, he enlisted in the Connecticut (CT) ANG for four years. He was honorably discharged from the CT ANG on 6 Sep 89 and transferred to the USAFR. 

Based on his Enlisted Performance Report (EPR) for the period 1 May 90 through 21 May 91, he was a Reservist assigned to the XXX Combat Support Squadron at Eglin AFB, FL as a vehicle operator dispatcher in non-active duty status. 

A 4 Feb 91 medical entry reports the applicant complained of thirst, urinary frequency, fatigue and visual changes. Random glucose was 580. He was diagnosed with diabetes and insulin was started.

A 9 Mar 91 medical entry notes the applicant was a newly discovered insulin-dependent diabetic. He was placed on a 3 profile, allowing participation in unit training assemblies (UTAs) or annual tours at the home duty station but not away from home station pending medical evaluation.

In May 91, the applicant applied for reassignment to Westover AFB, MA. In Jun 91, he was assigned to the XXX Combat Support Group at Westover AFB, MA. 

On 2 Jun 91, the applicant was given a 4 profile, which disqualified him from Reserve duty pending medical evaluation. 

On 11 Feb 92, he was asked to provide documentation from his private physician for medical evaluation, including evidence of good glucose control for four months and a normal glycosylated hemoglobin and/or normal two-hour post-prandial sugars.

A 21 Jul 92 Westover AFB clinic response to a Congressional inquiry advised that the applicant was instructed to provide the clinic with a complete medical history, diagnosis and treatment from his own doctor and fasting blood sugar tests for four months. As of 7 Aug 92, the clinic was unsuccessful in contacting the applicant. He apparently had returned to Florida in the fall of 1991 to resume his studies.

The applicant’s records contain no additional pertinent information and, on 2 Feb 94, he was honorably discharged from the USAFR.

According to Title 10, USC, Chapter 61, for members of the USAFR to be eligible for DOD disability benefits, the impairment must be the proximate result of duty, or be incurred or aggravated in the line of duty while on active duty for more than 30 days and entitled to basic pay. For members on TDY orders of 30 days or less, the disability must have been directly caused by service. Members with non-duty related impairments are eligible to be referred to the Physical Evaluation Board (PEB) solely for a fitness determination. 

According to SAF/MRBR, the applicant does not have a Department of Veterans Affairs (DVA) disability rating as of this date.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant notes the applicant developed and was diagnosed with insulin-dependent diabetes while a member of the USAFR and not on active duty for more than 30 days. His condition was not directly caused by military service. His diabetes did not make him eligible for DOD disability benefits. Action and disposition in this case were proper and equitable. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPD advises that military medical records reflect the applicant was diagnosed with insulin-dependent diabetes in Feb 91 while undergoing a Reserve periodic medical exam for worldwide qualification for duty in conjunction with a pending reassignment to Westover Air Reserve Base, MA.  The preponderance of evidence clearly shows he was not on active duty at the onset of his diabetes.  Military personnel who acquire medical conditions which are not incurred or aggravated while performing active duty are ineligible for disability processing through the Air Force Disability Evaluation System (DES). To qualify for a disability discharge, a member would have had to attain a serious or life threatening medical condition prior to his release from active duty. Records fail to show this to be the case here. DPPD explains the differences between the Air Force and the DVA disability processes (Title 10 v. Title 38). They agree with the Consultant’s comments and recommendation to deny the appeal.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 6 Feb 04 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. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded he should be granted a medical discharge. The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. The available evidence indicates the onset of the applicant’s diabetes did not occur while he was on active duty and was not caused directly by military service. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has not sustained his burden of having suffered either an error or an 
injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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.
_________________________________________________________________

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 23 March 2004 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2003-02165 was considered:

   Exhibit A.  DD Form 149, dated 25 Jun 03, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 5 Nov 03.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 26 Jan 04.
   Exhibit E.  Letter, SAF/MRBR, dated 6 Feb 04.