RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01880
								INDEX CODE:  108.00
	XXXXXXXXXXXXX				COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be changed to reflect eligibility for Air Force disability retirement prior to age 60. 

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APPLICANT CONTENDS THAT:

He should have been offered an Air Force disability retirement based on a medical disqualifying condition that was incurred while he was on active duty and found to be present while on active duty.  Instead, he was told to accept either an administrative discharge or early Air Force Reserve retirement.

On 2 November 1994, he was granted a 30% disability from the Veterans Administration (VA) for a microscopic colitis incurred while on active duty, Gulf War presumptive.

On 2 February 1995, during a routine physical while on active duty, he marked yes to intestinal trouble on an SF-93, and also marked that he had been seen by a physician, had recently been diagnosed at a VA hospital, and had been awarded a disability pension.

On 4 February 1995, during a routine annual physical while on active duty, the attending medical doctor noted an abnormal abdomen and viscera, and hyperactive bowel sounds on an SF-88, and also noted that he had recently been evaluated at a VA hospital.

In support of his appeal, he has provided copies of a personal statement, Reserve Order EK-3657 which assigned him to the Retired Reserve effective 15 July 1999, two statements, signed by the AFRC Chief of Aerospace Medicine Branch, which found him medically disqualified for continued military service and flying duty, statements from the 85 APS/CC and 662 RSG/CC approving his application for transfer to the Retired Reserve in lieu of administrative discharge, an SF-93, Report of Medical History, an SF-88, Report of Medical Examination, and a Rating Decision from the Department of Veterans Affairs (DVA). 

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

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STATEMENT OF FACTS:

On 6 January 1999, the Air Force Reserve Aerospace Medicine Branch determined the applicant was medically disqualified for flying duties and continued military service with the Air Force Reserve due to a non-service connected medical condition of Chronic Inflammatory Bowel Disease/Colitis.  The commander supported his retention; however, he was subsequently transferred to the Retired Reserve Awaiting Pay at Age 60 in the grade of technical sergeant (E-6), effective 15 July 1999.  His date of birth is 21 March 1963 (age 44).

In a DVA ratings decision of 25 August 2006, the applicant was awarded a 40% disability rating for herniated nucleus pulposus L4-L5 with osteopenia, a 30% disability rating for hiatal hernia with esophageal reflux disease and microscopic colitis due to undiagnosed illness, a 20% disability rating for residuals of a right ankle fracture, and a 10% disability rating for residuals of a fractured left index finger.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the records is warranted.  

A review of his medical records reveals that on 18 August 1985, he was seen in the Emergency Department with an upset stomach and cramps, and was diagnosed with viral enteritis (stomach flu).  On 25 November 1990, he was seen for nausea and vomiting, with cramps and “gassy” feeling.  He later reported rare symptoms of abdominal distress until 1991, when he developed frequent bowel movements (4 to 12 per day).  He was given a diagnosis of Irritable Bowel Syndrome, and treated with dietary changes.  There is no further documentation of military medical visits for these complaints.  During a Flight Physical Examination in February 1995, a recent diagnosis of Irritable Bowel Syndrome by the DVA was noted, hyperactive bowel sounds were observed, and he was placed on Duties Not Involving Flying (DNIF) status for the remainder of his career.  On 7 February 1995, his civilian gastroenterologist noted that “he has no specific inflammatory bowel disease and no evidence of irritable bowel syndrome.”  In a letter of 6 April 1998, his gastroenterologist wrote “[the applicant] underwent a colonoscopy procedure, during this procedure biopsies were taken from [the applicant’s] large intestine.  The pathology report was read as chronic inflammation which is non-specific and does not support any established diagnosis for a bowel disease.”  The applicant reported 8-12 trips to the bathroom per day with abdominal pain, gas, and bloating.

The Air Force Disability Evaluation System (DES), by law, only compensates those medical conditions that were disabling at the time of discharge.  In this case, the applicant’s condition was considered unfitting for the rigors of further military service, especially duties involving flying, but presented only a minor disruption in his ability to seek employment in the civilian sector.  Once the rating is finalized, it cannot be changed despite any further progression of the applicant’s disease process.  On the other hand, the DVA is authorized to reevaluate his disability and assign a different disability rating as the condition changes over the years.  

There were no military medical record entries between his deactivation in 1991 and 1995, when he reported gastrointestinal complaints.  In early 1995, he produced a letter from a civilian gastroenterologist who had been seeing him.  This implies that his gastrointestinal complaints neither originated nor were aggravated by the performance of his military duties.  The evaluation by ARPC in January 1999 represented a “fitness for duty” evaluation in which the applicant’s case was evaluated to determine his fitness for future service, but, since the condition was not acquired while on active duty, but was rather a normal progression of his disease process, he was not eligible for compensation.

Although the applicant had a DVA disability rating as early as 1998, he continued to meet his Reserve obligations.  The decision to separate him was made based on the risk of an attack that might impair mission accomplishment.  This does not imply that the applicant was disabled, but rather that his disease is subject to sudden deterioration and duties involving flying might be particularly precarious.  Of note is his commander’s statement supporting his retention.  One can infer that he was not disabled at the time of discharge although he no longer met the medical standards associated with his duties with the Air Force Reserve.

The preponderance of evidence of the record shows that the applicant’s condition was unrelated to his military service and not eligible for compensation.  Action and disposition in this case are proper and equitable reflecting compliance with Air Force directives that implement the law.

The BCMR Medical Consultant’s evaluation, with attachment regarding the differences between the Air Force’s DES and the DVA’s disability evaluations, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 10 October 2007, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

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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.  The BCMR Medical Consultant advises that the Air Force Disability Evaluation System (DES), by law, only compensates those medical conditions that were disabling at the time of discharge, whereas the DVA is authorized to reevaluate his disability and assign a different disability rating as the condition changes over the years.  In this case, the applicant’s condition was considered unfitting for the rigors of further military service, especially duties involving flying.  The decision to separate him was made based on the risk of an attack that might impair mission accomplishment, and does not imply that he was disabled, but rather that his disease was subject to sudden deterioration, and duties involving flying might be particularly precarious.  The evaluation by ARPC in January 1999 represented a “fitness for duty” evaluation in which the applicant’s case was evaluated to determine his fitness for future service, but, since the condition was not acquired while on active duty, but was rather a normal progression of his disease process, he was not eligible for compensation.  The preponderance of evidence of the record shows the applicant’s condition was unrelated to his military service and was not eligible for compensation.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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 Docket Number BC-2007-01880 in Executive Session on 4 December 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Jun 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 5 Oct 07,
                w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Oct 07.