RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00465
		INDEX NUMBER:  108.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His discharge for disability with severance pay be voided and he be reinstated to active duty.

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APPLICANT CONTENDS THAT:

After his medical discharge, the Department of Veterans Affairs (DVA) determined that his diagnosis was incorrect.  The Deputy Commander for the 99th Medical Group admitted to him and his congressman that the diagnosis was incorrect due to typographical errors.  He was discharged due to miscommunication and typographical errors.  The applicant states that he fought hard to stay in service and had the strong backing of his commander and supervisors.

In support of his appeal, applicant provides copies of letters of support written at the time of the medical evaluation board (MEB) urging that he be retained in service.  The applicant also provides a copy of a radiology report, which showed that he had a normal aorta without aneurysm.

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

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 31 Jul 92.  He was progressively promoted up to the grade of staff sergeant (E-5).  His primary specialty was Aircraft Structural Maintenance Craftsman.  On 22 Apr 03, a medical evaluation board (MEB) convened to consider the applicant’s fitness for continued active duty after being treated for ongoing problems with spine pain.  The applicant was diagnosed with multiple stigmata of Marfan’s disease and recommended to meet an informal physical evaluation board (IPEB).  On 16 May 03, an IPEB convened and diagnosed the applicant with Scoliosis secondary to Marfan’s syndrome.  The applicant was found unfit and recommended for discharge with severance pay with a disability rating of 10%.  On 22 May 03, the applicant indicated his agreement with the recommended disposition of his case by the IPEB and waived his right to a formal hearing.  On 3 Jun 03, the Secretary of the Air Force Personnel Council (SAFPC) determined that the applicant was physically unfit for continued military service and directed disability discharge with severance pay.  The applicant was discharged on 21 Jul 03 for disability and awarded severance pay.

A total of ten enlisted performance reports (EPRs) were rendered on the applicant during his career.  The applicant was rated an overall “4” on his initial EPR and an overall “5” on the nine subsequent reports.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.  The applicant was discharged with disability due to thoracic spine pain secondary to severe kyphotic deformity and degenerative disc disease that interfered with the full physical requirements of his job.  The applicant contends he does not have Marfan syndrome.  Based on the evidence of record, he does not meet the classification criteria for clinical diagnosis; however, documentation of examination for all manifestations is incomplete.  Whether or not the applicant has a family history of Marfan syndrome or possesses an abnormal fibrin-1 gene does not change the established facts of his kyphotic deformity with secondary degenerative changes and duty limiting pain.  If he does not have Marfan syndrome or an abnormal fibrillin-1 gene, he still has spine disease that rendered him unfit for duty.

The complete 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 6 Aug 04 for review and comment within 30 days.  To date, a response has not been received.

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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 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.  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 Docket Number BC-2004-00465 in Executive Session on 30 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                Dated 28 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.

                                   Panel Chair