RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00230
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be reinstated on active duty with back pay and allowances, as well as all out-of-pocket expenses, from 1 September 2002 to the present, and that he be medically retired by medical evaluation board (MEB) action.

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APPLICANT CONTENDS THAT:

He experienced a bacterial infection while on active duty between October 1999 and 29 December 2001.  Tri Care, Walter Reed Army Medical center and the Carl Hayden Veteran’s Administration (VA) Medical Center were unable to cure his affliction.  He has been receiving Veteran’s Administration disability benefits since 1 September 2001.

In support of his appeal, the applicant has provided a personal statement, and copies of a Department of Veteran’s Affairs (DVA) disability decision.

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

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STATEMENT OF FACTS:

On 8 July 1972, applicant joined the Regular Air Force.  He left the Air Force on 2 May 1979 and remained a civilian until he joined the Air Force Reserve (AFR) on 26 April 1984.  He remained with the AFR and attained the grade of technical sergeant (TSgt) as an Aircraft Maintenance Specialist.  On 15 September 2001, he applied for transfer to the Retired Reserve with a requested retirement date of 15 March 2002.  From 14 October to 20 November 2001, he was deployed to Kuwait.  Upon return to the United States, he began complaining about skin lesions over several parts of his body.  On 12 December 2001, his unit initiated a Line of Duty (LOD) determination the results of which are missing from the record.  Between 1 and 24 December 2001, he underwent physical exams, skin scrapings and biopsies by civilian providers that were sent to the Centers for Disease Control (CDC) for examination.  The CDC tested the scrapings for leishmaniasis, a parasitic infection transmitted by the Middle Eastern sand fly.  The results of the CDC tests were either non-specific or negative for leishmaniasis.  On 2 January 2002, he was evaluated at Luke AFB and found “not world-wide qualified for duty” based on suspected leishmaniasis.  On 7 January 2002, he was examined by personnel at Walter Reed Army Medical Center who found no evidence of leishmaniasis but did send him back to his unit with a diagnosis of staphylococcal folliculitis.  A final entry on his service medical record was dated 10 February 2002 and summarized his treatment and evaluation as of that date.  On 12 April 2002, he was transferred to the Reserve Retired list, effective 15 March 2002, in the grade of TSgt awaiting retired pay at age 60.  He had served a total of 25 years, 8 months, and 15 days of combined Reserve and active duty service.  

In August 2002, applicant applied to the DVA for service-connected compensation and received a combined compensable rating of 30% for chronic fatigue syndrome and an undiagnosed illness manifested by skin rash.  

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AIR FORCE EVALUATION:

The BCMR Medical Consultant notes the applicant has medically unexplained symptoms temporally associated with a military deployment to Southwest Asia in 2001.  He voluntarily retired while being evaluated for symptoms, without a finding or recommendation of medical disqualification for duty.  He states the applicant’s conditions are considered chronic and not acute grave illness and therefore would not have warranted placement on medical hold for disability evaluation.  He states action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.  No change in the record is warranted.

The remaining pertinent medical facts are contained in the evaluation prepared by the BCMR Medical Consultant 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 19 April 2005 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 timely filed.

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 agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  While we sympathize with the applicant, we can find no evidence that his symptoms were ever considered acute or grave to the point he would have been placed on medical hold for disability evaluation prior to his voluntary retirement.  Additionally, we note the Department of Veteran’s Affairs (DVA) has acted in his behalf by providing medical care and disability compensation.  Therefore, in the absence of 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-2004-00230 in Executive Session on 24 May 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jan 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 18 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Apr 05.

                                                                      Panel Chair