RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01193
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  19 SEPTEMBER 2008

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APPLICANT REQUESTS THAT:

His records be corrected to show that he was medically discharged and/or retired from military service.
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APPLICANT CONTENDS THAT:

In his statement to the Department of Veteran's Affairs (DVA), he declares, among other things, only the Air Force can give him a disability retirement pension.  He would have been on temporary disability five years and then retired.  

In an addendum dated 21 Sep 07, the applicant references several laws to show the Air Force should have placed him on the Temporary Disability Retired List.  He also states the Air Force should have provided him with vocational rehabilitation.

In support of the application, the applicant submits his statement to the DVA, his DVA rating, and an addendum.

The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 6 Dec 57, the applicant was honorably discharged from the Regular Air Force in the grade of airman second class for convenience of the Government.    He served three years, seven months and three days on active duty.  He then transferred into the Air Force Reserves.

Section 17, Clinical Evaluation, on the applicant's Report of Medical Examination for discharge indicates "normal" for all items listed. 

On 16 Oct 06, the applicant was awarded 60 percent service connected compensation benefit for Erythema Multiforme from the DVA.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. 
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AIR FORCE EVALUATION:

The BCMR Medical Consultant opines no change in the records is warranted.

The BCMR Medical Consultant states there are no service medical records to demonstrate that the applicant's condition existed prior to his discharge from the service, although the evidence of the record indicates he first sought help for this condition approximately six weeks after discharge.  He notes even if the applicant had developed an incipient rash while still on active duty, it is clear that he was not permanently disabled by the rash, nor did his condition cause him to leave the service.  He states the reason the applicant could be considered fit for duty despite the presence of a medical problem and later be granted a service-connected disability by the DVA lies in understanding the differences between Title 10, U.S.C., and Title 38, U.S.C.  Title 10, U.S. C., Chapter 61 is the federal statute that charges the Service Secretaries with maintaining a fit and vital force.  The mere presence of a medical condition does not qualify a member for disability evaluation.  For an individual to be considered unfit for military service there must be a medical condition so severe that it prevents performance of any work commensurate with rank and experience.  

Title 38, takes into account the fact that a person can acquire physical conditions that, although not unfitting at the time of separation, may later progress in severity and alter the individual's lifestyle and future employability.  Title 38 was written to allow awarding DVA compensation ratings for conditions that were not unfitting for military service at the time of separation.  This is the reason why an individual can be fit for service and yet sometime thereafter receive a compensation rating from the DVA for service-connected, but militarily non-unfitting conditions.  In addition, Title 38 authorizes the VA to increase or decrease VA compensation ratings based upon the individual's condition at the time of future evaluations.  Thus the two systems represent a continuum of medical care and disability compensation that starts with entry on to active duty and extends for the life of the veteran.  By law, payment of VA compensation and military disability pay is prohibited.  The presence of medical conditions that were not unfitting while in service, and were not the cause of separation or retirement, that later progressed in a severity caused disability resulting in service connected DVA compensation is not a basis to grant retroactively military disability discharge or disability compensation.  

The BCMR Medical Consultant notes the record shows that the applicant's skin condition did not significantly or permanently affect his ability to perform his duties and thus no disability action would be appropriate.  He opines action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.

The complete BCMR Medical Consultant 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 24 Sep 07 for review and comment within 30 days.  As of this date, this office has received no response (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.  The applicant’s contention that he should have been medically discharged is noted; however, in our opinion, the detailed comments provided by the AFBCMR Medical Consultant adequately address these allegations.  Therefore, we are in complete agreement with the comments and recommendation of the AFBCMR Medical Consultant and adopt his rationale as the basis for our decision that the applicant has not been the victim of either an error or injustice; therefore, we find no compelling basis to recommend granting the relief sought.  

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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 BC-2007-01193 in Executive Session on 1 November 2007, under the provisions of AFI 36‑2603:

XXXXXXXXXX, Panel Chair
XXXXXXXXXX, Member
XXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Apr 07, w/atchs; addendum
dated 21 Sep 07, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, BCMR Med Consultant, dated 14 Sep 07.
	Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 07.

                                   XXXXXXXXXX
                                   Panel Chair