RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03802
		INDEX CODE:  108.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was discharged for medical reasons.

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APPLICANT CONTENDS THAT:

He had two operations at Travis AFB, CA and should have been medically discharged.  The Department of Veterans' Affairs (DVA) has rated him at zero percent for eight years.

In support of his request, applicant provided a copy of his Honorable Discharge certificate.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 Jun 63.  He was progressively promoted to the grade of airman second class, having assumed that grade effective and with a date of rank of 1 Feb 66.  

A Physical Evaluation Board (PEB) convened on 25 Aug 64 found the applicant unfit for continued service with a diagnosis of sacroidosis, generalized, minimal with a compensable percentage of zero percent, and recommended he be separated with severance pay.  The applicant disagreed with the findings and recommended disposition, demanded a formal hearing of his case and requested he be retained on active duty.  On 3 Sep 64, the Physical Review Council considered the case and determined that he was physically fit to perform the duties of his grade and directed that he be returned to duty.

On 27 Jun 67, the applicant was released from active duty at the expiration of his term of service and transferred to the Air Force Reserves.  He served 4 years on active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states the applicant was diagnosed with sarciodosis while on active duty.  The clinical significance of this condition varies widely from an asymptomatic and completely benign condition to a serious life threatening one depending on the tissues involved and severity of involvement.  He had asymptomatic benign involvement.  Had he concurred with the findings of the PEB he would have been discharged with severance pay.  His condition did not warrant a finding greater than zero percent and he would not have been eligible for a disability retirement.  He appealed to remain on active duty and he completed his term of service and was honorably discharged.  

The mere presence of a condition does not qualify a member for disability evaluation.  There must be a medical condition that prevents performance of any work commensurate with rank and experience.  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.  No change to the applicant's records is warranted.  The Medical Consultant 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 12 May 04 for review and comment within 30 days.  As of this date, this office has received no response.

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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 are not persuaded by the evidence provided that the reason for his discharge from the Air Force was inappropriate, erroneous, or that he was denied rights to which he was entitled.  We note that the applicant was referred through the disability evaluation system.  After consideration of his appeal of the decision to discharge him for disability reasons, the FPEB determined that he was not unfit for worldwide duty and determined he should be returned to duty.  We see no evidence, which would lead us to believe that a physical disability existed at the time of his subsequent discharge that would have disqualified him from worldwide military service.  Since there were no disqualifying medical conditions at the time of his separation, we see no reason why he would have been referred back into the disability evaluation system.  Therefore, 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-2003-03802 in Executive Session on 30 Jun 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 16 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 12 May 04.