RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02133 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His honorable discharge be changed to a medical discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He believes he should have been medically retired from the Air Force Reserve due to a heart condition that was discovered and diagnosed during an annual physical in 1984 and further evaluated while in the Reserves from 1985 through 1990. In support of his request, the applicant provides documents extracted from his military personnel records and medical documentation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 7 February 1979, the applicant enlisted in the Air Force Reserve in the grade of airman first class (E-3). At that time, he was credited with prior service in the U.S. Navy from 27 December 1968 through 26 December 1972. The applicant was progressively promoted to the grade of staff sergeant (E-5). Based on the ANG/USAFR Point Credit Summary prepared on 16 March 1991, the applicant's last documented participation with the Air Force Reserve was on 6 February 1990 and at that time he was credited with 16 years, 1 month and 1 day of satisfactory Federal service. Based on the Army National Guard Current Annual Statement prepared on 7 July 1992, the applicant enlisted in the Army National Guard on 14 December 1990 and was honorably discharged effective 13 December 1991. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial. The AFBCMR Medical Consultant states the applicant’s disease at the time of his military service is presumed to have been mild in that he was cleared by a cardiologist to perform unrestricted activities. Under such circumstances, even if the applicant had undergone a Medical Evaluation Board, the Consultant opines, more likely than not, he would have been retained in active military service; or if found unfit, would unlikely have reached the disability rating threshold to qualify for a Medical Retirement. Disability ratings for cardiovascular disease are based upon a group of parameters codified as New York Heart Association Functional Classification; utilizing metabolic equivalents, or METS, to determine the level of impairment and corresponding disability rating; based upon the METS, or the level of exertion required to manifest symptoms such as shortness of breath, dizziness, chest pain or fatigue. No such symptoms are reported (or recorded) during either of the applicant’s periods of service. On the other hand, operating under a different set of laws (Title 38, C.F.R.), the Department of Veterans Affairs (DVA) is authorized to offer compensation for any medical condition determined service incurred or aggravated, without regard to its impact upon a service member’s retainability, fitness to serve, or reason for separation. Even if the applicant’s current medical conditions are ultimately considered service incurred, they were either not present at the post-service level of severity or were not unfitting while in service. This is the reason why an individual can be found fit for service and yet sometime thereafter receive a compensation rating from the DVA for service-connected, but militarily non-unfitting conditions. 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 severity causing disability resulting in service connected DVA compensation is not a basis to grant a retroactive military disability discharge or disability compensation. The Medical Consultant opines the applicant has not met the burden of proof of an error or injustice that warrants the desired change of the record. The AFBCMR Medical Consultant’s complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 February 2011, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the BCMR Medical Consultant’s assessment and adopt his rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2010-02133 in Executive Session on 7 April 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-02133 was considered: Exhibit A. DD Form 149, dated 17 May 2010, w/atchs. Exhibit B. Letter, AFBCMR Medical Consultant, dated 2 February 2011. Exhibit C. Letter, SAF/MRBR, dated 11 February 2011.