RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03820
		INDEX NUMBER:  108.00
XXXXXXXXXXXXXXXXXX	COUNSEL:  None

XXX-XX-XXXX	HEARING DESIRED:  Yes

MANDATORY CASE COMPLETION DATE:  13 Jul 06

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APPLICANT REQUESTS THAT:

He be granted medical disability retirement.
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APPLICANT CONTENDS THAT:

While in the Air Force, he received extensive treatments and numerous x-rays at several military medical facilities.  An examination on 29 Mar 67 revealed a misalignment of the cervical area of his spine.  The Air Force decision not to consider this service connected injury and to discharge him for disability with severance pay with a rating of 10% is an example of “gross negligence and medical incompetence.”  

In support of his appeal, the applicant provides an extract from his medical records, copies of paperwork related to his disability evaluation, and a copy of his Social Security Earnings statement to show how his injury has impacted his earning capacity.

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

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 9 Oct 62.  He was referred for a Medical Evaluation Board (MEB) sometime in 1966 due to chronic headaches.  On 9 Jan 67, the PEB found the applicant unfit for continued military service and recommended his discharge with severance pay based on a 10% disability rating.  On 10 Jan 67, the applicant indicated on the AF Form 1180, “Action on Physical Evaluation Board Findings and Recommended Disposition,” that he concurred with the findings and recommendations of the PEB.  The applicant was discharged on     31 Jan 67 with severance pay.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.  The applicant now contends that the PEB did not consider a neck injury he incurred during military service, which should have been rated and compensated separately and resulted in his being disability retired.  A review of available service medical records and Department of Veterans Affairs (DVA) records for several years after the applicant’s separation fails to reveal evidence of an in-service neck injury.

The Military Disability Evaluation System was established to maintain a fit and vital fighting force and can, by law, only offer compensation for those diseases or injuries which specifically rendered a member unfit for continued active service, were the cause for termination of their career, and then only for the degree of impairment present at the time of separation.  No change in the disability rating can occur after permanent disposition, even though the condition may become better or worse.

The DVA operates under a separate set of laws and specifically addresses long term medical care, social support and educational assistance.  The DVA is chartered to offer compensation and care to all eligible veterans for any service connected disease or injury without regard to whether it was unfitting for continued military service.  The DVA is also empowered to reevaluate veterans periodically for the purpose of changing their disability awards if their level of impairment varies over time.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant states he is requesting that his complete medical service record be obtained as indicated in his initial request.  He further states that “any decision rendered without the inclusion of these records will be invalid and unjust.”

The applicant’s complete response 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.  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.  Additionally, we note the applicant’s request that we obtain his complete medical record.  However, this Board is not able or responsible to obtain evidence beyond that submitted by the applicant or available in accessible Air Force records.  Therefore, in the absence of 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 issues 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 Docket Number BC-2004-03820 in Executive Session on 21 December 2005, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Nov 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 28 Oct 05.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Nov 05.
    Exhibit E.  Letter, Applicant, dated 1 Dec 05.