RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04424 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He receive reserve retired pay, to include commissary, base exchange and space-A travel privileges. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. He was granted service-connection for type II diabetes due to his exposure to Agent Orange. 2. He was discharged for diabetes. In support of his request, the applicant provides a personal statement, copies of his DD Form 256AF, Honorable Discharge Certificate, and other documentation associated with his request. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 11 Jan 66, the applicant enlisted in the Regular Air Force and was discharged on 3 Jul 73. He served 7 years, 7 months and 10 days of total active service. On 3 Jun 10, the applicant was granted service-connection for adult onset diabetes mellitus associated with herbicide exposure and amputation right great toe, sub first metatarsophalangeal joint (MPJ), as secondary to the service-connected disability of adult onset diabetes mellitus. The applicant’s Department of Veteran’s (DVA) disability compensation rating states that a review of his service treatment records, “does not establish that he was treated for or diagnosed with diabetes in service, nor does the evidence of record establish that his diabetes manifested to a compensable degree within one year of discharge of active military service.” The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The medical consultant states the applicant has not met the burden of proof of an error or injustice, as there is no documentation that his illness affected his fitness for duty. The Medical Consultant states that a medical retirement results from an illness or injury which renders an individual unfit, rather than merely service-connected. If the illness had arisen during active duty and if he was found unfit for duty because of the illness, then he would have been eligible for processing under the Physical Evaluation System. As his illness did not manifest until many years after his service was complete, there is neither evidence nor suggestion that he was ever found unfit for duty due to his diabetes while on active duty. The DVA has already concluded that his illness did not arise until after his military service was complete. The complete BCMR Medical Consultant evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: By letter dated 31 Jul 12, the applicant states that he was asking for an adjustment to his reserve records, not his active duty records. He was discharged from reserve duty, not active duty. He had almost 15 years of service and was going for his reserve retirement pay and benefits when he was discharged for service-connected diabetes as indicated by the DVA. The applicant’s complete submission is at Exhibit E. ________________________________________________________________ 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 an 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 MedicalConsultant and adopt his rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. With respect to the applicant’s rebuttal comments to the BCMR MedicalConsultant’s advisory opinion, the Board acknowledged the clarification that his request was for an “adjustment” to hisReserve records and not his active duty records. The Board alsonoted the applicant had not yet achieved 15 years of satisfactory service which would have otherwise qualified him for a transfer to the Retired Reserve List and receive retirement pay and benefits at age 60. Instead, the applicant was disqualified for continued service for a medical conditionthat was likely found notin-line-of-duty. For individuals serving in a period of 30 days or less at the time an illness orinjury becomes disqualifying, in order for the condition to be considered in line of duty, there must be evidence the condition was the proximate result of performing military service or was permanently aggravated by military service. The recordindicates the applicant was not serving an active period of 31days or more when he was disqualified for military service. Additionally, the applicant’s points summary does not reflect achievement of at least 8 years of active service; therefore, he would not qualify for a medical separation under today’s10U.S.C., 1207a “Eight-Year Rule” standards. Nevertheless, the Board acknowledged the Department of Veterans Affairs awarded the applicant service-connection and compensation for his Diabetes, under an established policy which assumes certain diseases can be related to a veteran’s qualifying militaryservice. Specifically, Type II Diabetes is included among a listing of "presumptive diseases" designated for veterans who developed the disease and were exposed to Agent Orange or other herbicides during their military service. Theindividual doesnot have to prove a connectionbetween their disease and military service to be eligible to receive DVA disability compensation in these cases. A review of the available medical evidence reflects the applicant’s Type II Diabetes was assigned a disability rating of 20 percent, which, even if found in lineof duty by the Military Department, would not have reached the minimum rating threshold to qualify for a medical retirement. The Board thanks the applicant for his service, but again found the burden of proof was not met of an error or injustice that warrants the desired change of the record. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINESTHAT: The applicant be notified the evidence presented did notdemonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04424 in Executive Session on 15 Nov 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Oct 11, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, BCMR Medical Advisor, dated 28 Jan 12. Exhibit D. Letter, SAF/MRBC, dated 24 Jul 12. Exhibit E. Letter, Applicant, dated 31 Jul 12.