RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00614
		INDEX CODE:  108.02

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

The diagnosis of myalgic myopathy rendered while he was on active duty (AF Form 618, Medical Board Report) be changed to peripheral neuropathy in order to qualify for Agent Orange related veterans’ benefits and other future benefits.
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APPLICANT CONTENDS THAT:

At the time of his illness/evaluation for retirement, the Vietnam Agent Orange Program was not researched or as developed as it is now.  The condition diagnosed as myalgic myopathy in service [later diagnosed as a metabolic myopathy] is actually a peripheral neuropathy induced by Agent Orange exposure.

In support of his request, the applicant submits a personal statement, extracts from his medical records and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 7 September 1967.  He was progressively promoted to the grade of technical sergeant (E-6), with an effective date and date of rank of 1 October 1982.

During the period of 7 September 1969 - 3 June 1970, the applicant served in Vietnam.

The applicant was relieved from active duty in the grade of E-6 on 30 September 1987.  On 1 October 1987, he was retired under the provisions of AFR 35-7 (Voluntary - Retirement for years of service established by law) in the grade of E-6 and assigned to the Retired Reserve until 7 September 1997.  He had completed a total of 20 years and 24 days of active service for retirement.

The records of the Department of Veterans Affairs (DVA) reflect the applicant’s current combined compensable disability rating as 100 percent.
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AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized the information contained in the applicant’s personnel and medical records and is of the opinion that no change in the applicant’s record is warranted.  Details of his evaluation are at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 22 December 2004 for review and response.  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.  However, we agree with the opinion and recommendation of the BCMR Medical Consultant 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 this respect, we note the evidence of record supports the applicant’s diagnosis of primary metabolic muscle disease rather than a peripheral nerve disease.  In view of the above and absent 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(s) 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 this application in Executive Session on 1 February 2005, under the provisions of AFI 36-2603:
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-00614.

   Exhibit A.  DD Form 149, dated 18 Feb 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 26 Oct 04.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Dec 04