RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01708
		
		COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  30 NOV 2005

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her administrative discharge from the Air Force Reserve be set aside and she be awarded a medical retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She has been granted 60% disability from the Department of Veterans Affairs due to physical disqualification.

In support of her appeal the applicant has provided a personal letter, her discharge package, copies of a rating decision from the Department of Veterans Affairs (DVA) and medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserve in 1987 and was progressively promoted to the grade of master sergeant with an effective date and date of rank of 1 November 1997. 

A Physical Evaluation Board (PEB) convened on 6 November 1999 and noted that her private medical doctor because of frequent episodes of wheezing diagnosed her with Bronchial Asthma on 2 March 1991.  She was on an inhaled steroid, Vanceril-2 puffs, three times a day and needed Albuterol every 2-3 hours daily for 4-5 years.  In 1993 she was hospitalized for 4 days  (19 April to 23 April) for acute asthma exacerbation, non-responsive to emergency room management. She was readmitted     (1 February to 3 February 1994) for a similar exacerbation.  Both times she was placed on a tapering Prednisone regimen. Her condition had improved the last 5 years necessitating only Albutgerol use 2-3 times a week.  Recently the condition had exacerbated requiring more bronchi-dilator use.  

The PEB concluded that she had a long-standing history of asthma with 1 episode requiring hospitalization for 4 days and another for 3 days. She has been on chronic inhaled steroid and broncho-dilator therapy.  The diagnosis is unequivocal.  Her constant requirement for broncho-dilators and inability to identify precipitants necessitate disqualification from worldwide duty.

The remaining pertinent medical facts are contained in the evaluation prepared by the BCMR Medical Consultant at Exhibit C.

On 18 August 2000, she was administratively discharged for medical disqualification due to asthma after 12 years of satisfactory service.   

On 16 April 2003, the Department of Veterans Affairs (VA) rated the applicant with a 60 percent disability rating for asthma.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommended denial and stated that based on the preponderance of evidence and accepted medical principles, the reviewer concludes that the applicant's asthma was not proximately caused by military service and was not permanently aggravated by military service. Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.

BCMR Medical Consultant's complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 February 2005 for review and comment within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

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 to include her contention that the DVA's decision to award her an overall combined compensable disability rating of 60% substantiates that her conditions warrant a medical retirement from the Air Force; however, we agree with the opinion and recommendation of the BCMR Medical Consultant’s and adopt his 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 find that the disability rating assigned at the time of final disposition in this case was erroneous or unjust.
_______________________________________________________________

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 her application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2004-01708 in Executive Session on 26 April 2005 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 May 05, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  BCMR Medical Consultant, dated 2 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Feb 05.