RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02749
		INDEX CODE:  110.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE: 23 DECEMBER 2006

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APPLICANT REQUESTS THAT:

He be given a retirement with full benefits at the rank of senior master sergeant until his death and or be paid monthly as a staff sergeant from now until death. 

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APPLICANT CONTENDS THAT:

The Veterans Administration (VA) has no proof of his medical condition of duodenal ulcer. The VA has reduced his disability rating from 20% to 0%.  Less than 10 days ago, he learned he can request correction of his record through the Board of Corrections of Military Records. 

In support of his application, the applicant submits a personal letter, letter to Legal Aid Society, letters from VA, FAA, employer, attorney, DD Form 214, Special Order, AC-3, medical records and performance reports. 

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

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STATEMENT OF FACTS:

Applicant served in the Massachusetts National Guard from       16 November 1947 to 31 August 1948 and 16 July 1950 to 22 April 1951 before enlisting in the regular Air Force. The applicant served on active duty in the Air Force from 23 April 1951 to    12 November 1953 and then transferred to the Air Force Reserve. He was called to active duty on 10 February 1958 and continued to serve until his disability discharge on 13 January 1966. 

On 7 December 1965, the medical evaluation board (MED) noted the applicant was asymptomatic at the time and the repeat upper gastrointestinal barium studies failed to show presence of an ulcer. The final diagnosis was “History of upper GI bleeding in the past. Duodenal ulcer not proved.” The physician then states, “He is not qualified for general military service because of the history of GI bleeding”; and recommended referral for disability evaluation. The physician also noted in this summary that “The patient states he would like to be separated from the service at this time.”

On 21 December 1965, a physical evaluation board (PEB), made a recommendation of unfit for duty due to duodenal ulcer and separation with severance pay of 20%. The applicant concurred with the recommendation and findings of the PEB.

On 13 January 1966, the applicant was released from active duty and received an honorable discharge with entitlement to disability severance pay. He served 16 years, 3 months, and 13 days of active duty. 

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the records is warranted. Review of the service medical records shows the applicant experienced severe upper gastrointestinal bleeding probably due to peptic ulcer disease (duodenal ulcer) that was disqualifying for air traffic controller duty and continued military service in accordance with established medical standards based on the state of medical science of the time. The applicant was properly evaluated in the disability evaluation system and concurred with the recommendations of the PEB and waived his right to a formal hearing. 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.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated that since the VA reduced his 20% disability to 0% and as a result of a VA physical on 21 February 1967 at the Oakland Army Terminal, the 
Air Force should allow him to reenlist.  In February 1968, he tried to reenlist in Ventura, CA and was turned down.

He would like pay and allowances for the years he would have been in the Air Force prior to his retirement date. His rank would have been at least that of a senior master sergeant if he had remained as an enlisted man. As a flight control officer, he would have retired at least at the rank of major, or lieutenant colonel. The doctor who handles his case at Kessler, AFB, failed to properly diagnosis his medical problem.

He should be allowed to rejoin the Air Force, to serve out his time to a full retirement. The VA did nothing to assist him in correcting the problem. Right now, just 10 days ago, he accidentally stumbled upon the Air Force Correction Center at Randolph.  He is sure that he has submitted enough information with the DD Form 149 to correct his records.

Applicant’s complete response, with attachments, is at Exhibit E

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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.  After reviewing the evidence of record, we are not persuaded the applicant should have been discharged for physical disability.  His contentions are duly noted; however, the detailed comments provided by the BCMR Medical Consultant, in our opinion, accurately address his allegations.  Therefore, we are in agreement with his opinions and recommendation and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of either an error or an injustice.  In view of the above findings, we find no basis upon which to provide favorable action on 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-2004-02749 in Executive Session on 13 October 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Aug 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 2 Aug 05.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 05.
    Exhibit E.  Applicant’s Response, dated 27 Aug 05, w/atchs.