RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03559
		INDEX CODE:  110.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His narrative reason for separation (Early Separation Program - Strength Reduction) be changed to a disability separation (for medical reasons).

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APPLICANT CONTENDS THAT:

A post cranial surgery performed on active duty in 1985, resulted in the revocation of his Personnel Reliability Program (PRP) status and ultimately disqualified him from performing duties as a Fuels Maintenance Specialist.  Numerous conditions have been noted by the Department of Veterans Affairs (DVA); i.e., vision loss, hearing loss, continued lower back pain, loss of balance and neurological problems, resulting in the DVA awarding him a 40% disability rating.

In support of his appeal, applicant submitted a personal statement; and extracts of his military medical records and DVA records.

Applicant’s complete submission is Exhibit A.

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STATEMENT OF FACTS:

Prior to the events under review, applicant served on active duty from 5 Feb 81 to 5 Mar 84.  He reenlisted on 6 Mar 84 for a period of six years in the grade of airman first class.

While on active duty in Sep 85, applicant experienced a seizure leading to the discovery of a 1.5 centimeter mass in his brain which led to neurosurgery and diagnosis of the lesion as a hemotoma, a collection of blood due to an episode of bleeding.  Evaluation of the applicant prior to surgery included a cerebral angiogram which did not identify the cause of the bleeding.  Following surgery the applicant was treated with Dilantin (anti-seizure medication).  Due to the seizure, surgery and requirement for medication, he was disqualified from the PRP program and cross-trained.  

He was subsequently taken off medication, remained asymtomatic and continued to serve satisfactorily until his discharge.  At the time of his discharge, there were no medical conditions that prevented his continued general military service.

On 15 Jan 90, applicant was honorably discharged under the provisions of AFI 36-3208, by reason of early separation program - strength reduction.  He served 8 years, 10 months, and 11 days on active duty.

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AIR FORCE EVALUATION:

The AFBCMR Medical Consultant reviewed this application and recommended denial.  Following applicant’s discharge, he was well until Apr 94 when he experienced an approximately two-week period of double vision and balance problems that recurred in a similar way in May 95.  The symptoms recurred in Sep 95, this time with additional symptoms including left arm numbness and headache and recurrent intracranial bleeding was identified.  Further evaluation discovered evidence of recurrent presence of multiple cerebrovascular malformations in the brain and retina, a developmental condition that often does not present clinically until affected individuals are in their 30’s.  In Apr 01, the Department of Veterans Affairs granted the applicant a 40 per cent service-connected disability compensation.

The Military Disability Evaluation System (DES), established to maintain a fit and vital fighting force, can by law, only offer compensation for those diseases or injuries which specifically rendered a member unfit for continued active service, were the cause for termination of their career, and then only for the degree of impairment present at the time of separation.  The mere presence of a medical condition does not qualify a member for disability evaluation or disability benefits.

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 military service disability systems, operating under Title 10, and the DVA disability systems, operating under Title 38, are complementary systems not intended to be duplicative.  Operating under different laws with a different purpose, determinations made by the Department of Defense (DoD) under Title 10 and the DVA under Title 38 are not binding on the other. 

At the time of his discharge, applicant’s medical conditions were not unfitting for continued military service and did not warrant referral into the DES.  After discharge, he was well until Apr 94, four years after discharge, and was subsequently diagnosed in 1995 with multiple cavernous angiomas of the brain.  Although the applicant’s condition existed while he was on active duty, it did not render him unfit for duty and was not the cause for termination 

of his career.  Therefore, he was not eligible then, or now for the Air Force disability benefits under Title 10.  Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law. 

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 Jun 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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.  The applicant requests his reason for separation of “early separation program - strength reduction” be changed to a disability separation (for medical reasons).  However, we found no evidence which would lead us to believe that the applicant's separation or reason for separation were in error or contrary to the governing Air Force regulations, which implement the law.  Additionally, although the applicant experienced medical problems while on active duty, we found no evidence that his medical conditions at the time of his discharge rendered him unfit for continued military service.  The applicant’s case has undergone an exhaustive review by the BCMR Medical Consultant and there is nothing in the evidence provided by the applicant that would overcome his assessment of the case.  Therefore, we agree with his recommendation and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  In the absence of persuasive evidence to the contrary, we find no compelling 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 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-2003-03559 in Executive Session on 8 July 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Oct 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR Medical Consultant, dated 26 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jun 04.