RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04405 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her records be corrected to reflect that she received a medical retirement. APPLICANT CONTENDS THAT: While on active duty she developed asthma and was released early. She is entitled to a medical disability retirement due to the medical condition she developed while on active duty. She did not have asthma prior to entering active duty because if she had, she would not have been allowed to enlist in the Air Force. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 16 Apr 03, the applicant commenced her enlistment in the Regular Air Force. On 29 Apr 05, the applicant underwent a Medical Evaluation Board (MEB) for intrinsic asthma, mild persistent. On 31 May 05, her case was referred to the Informal Physical Evaluation Board (IPEB). The IPEB found the applicant unfit and recommended discharge. On 20 Jun 05, she concurred with the findings of the IPEB. On 2 Aug 05, she was honorably discharged for Disability, Existed Prior to Service – PEB. She was credited with 2 years, 3 months, and 17 days of active service. By virtue of a DD Form 149, dated 22 Dec 08, the applicant requested her separation code of JFM (Disability, Existed Prior to Service, PEB) and reenlistment (RE) code of 4K be changed to allow her to reenter military service. On 28 May 02, the AFBCMR considered and approved to change her reason for discharge to Secretarial Authority, but denied changing the RE code. On 8 Jul 09, the approval authority directed the applicant’s reason for discharge be changed to Secretarial Authority, with a corresponding separation code of KFF. The documentation provided by the applicant reveals she has since her discharge received follow up medical care for shortness of breath through the Department of Veterans Affairs (DVA). Her medical providers noted that she reported shortness of breath every two weeks and got relief with the use of an inhaler. It was further noted that getting control of her allergic symptoms may be the best therapy for her airway disease. In Oct 08, the applicant requested a letter from her primary care provider and pulmonary physician stating that she does not have asthma and that allergies are her problem. She further requested that the letter include a statement as to whether she could reenter military service. In Dec 08, it was noted in her medical records that she reported no shortness of breath, no complaints. She only had breathing problems when she exerts herself. The concluding assessment noted mild intermittent asthma on inhalers as needed, allergic sinusitis, on medication, controlled, patient can go back to active duty. However, in Dec 09, her medical problems were listed as asthma and hypothyroidism. In Feb 11, the applicant experienced coughing, tightness in throat, and shortness of breath. In Jul 14, it is noted that she is on medication for acute asthma attack. The applicant received a 60 percent disability rating from the DVA for her asthma. AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial indicating there is no evidence of an error or an injustice. The Medical Consultant believes the record has established that the applicant has or had a reactive airway disease at the time of her military service and that it first manifested early during her military service. While one can argue the underlying nomenclature assigned to her clinical presentation or its underlying cause, as successfully argued by the applicant in 09, the Medical Consultant firmly believes that her predisposition for such response [wheezing, chest tightness, and shortness of breath], during or immediately following sustained physical exertion, notwithstanding her multiple tree and grass allergies, more likely than not existed prior to entering military service and was not permanently aggravated by military service. Thus, the mere fact that the applicant presented with symptoms during military service, is not a justification or proof for establishing a permanent causal relationship with military service. The Medical Consultant is aware that shortness of breath and wheezing can be due to multiple causes, e.g., poor conditioning, acute upper respiratory tract infection. However, the applicant’s historical long-standing report of shortness of breath during or following exertion, which is relieved by a bronchodilator, is diagnostic of exercise-induced bronchospasm. The Medical Consultant opines, while the condition may have been clinically manifested during the applicant’s warfit training, the condition itself, or the physiological predisposition for recurrence, was not first acquired after entering military service or was caused by military service. Even if one considers the applicant’s allergies as the precipitant for her reactive airways disease, this reviewer cannot fathom how sensitivities to the multiple tree and grass pollens, identified in Jan 04, were first contracted from the time the applicant entered military service in Apr 03 and May 03, when her report of symptoms was first recorded. Therefore, the Medical Consultant opines this evidence meets the Congressional standard of “clear and unmistakable” her condition existed prior to service. Nonetheless, the Medical Consultant acknowledged that the DVA has elected to assign service connection and a 60 percent disability rating for the applicant’s asthma. The date of such a decision nor the rationale for the decision is not supplied for review and comment. The applicant is advised that the DVA is authorized to make determinations of eligibility for compensation independent of findings by a Military Department. A complete copy of the AFBCMR Medical Consultant evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states the evidence of her reoccurring visits to the DVA hospitals in Dallas and Fort Worth, TX may not have been included in her appeal and requests that those medical records be considered in her request. She believes the evidence will show her constant visits beginning in 09 to present. She has always had the dream of retiring from the Air Force as an officer. Unfortunately, that dream ended May 03 when she was exposed to the gas chamber during basic training. She was required to inhale poisonous gas that caused her to have a life threatening disease (asthma) for the rest of her life. She now has to take over seven medications daily to avoid an asthmatic attack. She has had frequent visits to the VA and local hospitals because of this disease. It is also difficult for her to maintain employment because an asthma attack can occur at any time. She does not have a history of asthma prior to prior to entering the Air Force. The evidence will show she should have received a medical retirement in Aug 05 for the asthma she developed while on active duty. The applicant’s complete response is at Exhibit E. FINDINGS AND CONCLUSIONS OF THE BOARD: 1. After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603. The applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. 2. 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. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following members of the Board considered AFBCMR Docket Number BC-2014-04405 in Executive Session on 9 Sep 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04405 was considered: Exhibit A. DD Form 149, dated 14 Oct 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ABCMR Medical Consultant, dated 24 Jun 15. Exhibit D. Letter, SAF/MRBR, dated 6 Jul 15. Exhibit E. Letter, Applicant, dated 11 Jul 15. 4