RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01414 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to reflect he was medically retired. 2. His medical records be reviewed by an Air Force neurologist specializing in Multiple Sclerosis (MS). _________________________________________________________________ APPLICANT CONTENDS THAT: In Sep 11, he was diagnosed with MS. The Department of Veterans Affairs (DVA) granted him a 30 percent compensable rating for a service-connected disability. If the MS was discovered while he was on active duty, he would have most likely been 100 percent medically retired from military service. He would like the same benefits and privileges he would have received had he been diagnosed with MS while on active duty. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 18 May 06, the applicant was honorably discharge for completion of required active service. He served 9 years 11 months and 20 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Advisor recommends denial. The Medical Advisor notes the applicant’s records show he had symptoms believed to be associated with a temporary sciatic nerve injury. He experienced three (3) episodes noted after trauma and/or unusual physical strain. The Medical Advisor notes the applicant was never removed from flying duties for the episodes; he was always able to perform his duties; there was no evidence of missed duty days or profile limitations; and, all his physical exams described his health as great/excellent or outstanding. In addition, he was not considered unfit and his condition did not terminate his career and there were no impairments at the time of his separation. The Medical Advisor notes the military Disability Evaluation System (DES), established to maintain a fit and vital fighting force, can by law under Title 10, United States Code (U.S.C.) only offer compensation for those service incurred diseases or injuries which specifically rendered a member unfit for continued active service and were the cause for career termination; and then only for the degree of impairment present at the time of separation and not based on future occurrences. On the other hand, the DVA is authorized to offer compensation for any medical condition with an established nexus with military service, without regard to its demonstrated or proven impact upon a service member’s retainability, fitness to serve, narrative reason for separation or the intervening or transpired period since the date of separation. The Medical Advisor states it could not be established that the applicant was unable to reasonably perform his military duties due to one or more medical conditions during his military service. The complete BCMR Medical Advisor’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of his appeal, the applicant states his MS symptoms appear and then disappear after the nerve heals leaving scarring visible during an Magnetic Resonance Imaging (MRI). He experienced strange sensations while on active duty and wonders how long his MS went untreated. His neurologist states he has had MS for approximately 10 years. He does not have medical documentation from his military service which shows him unfit for duty. He believes that MS could be an explanation for his visits to the flight doctor for tingling sensations, difficulty lifting weights, slipping and/or falling. He was not looking for reasons not to fly during the time because he wanted to fulfill his duties as an Air Force officer. He left the Air Force for personal reasons after fulfilling his commitment. He believes a review of his medical records by an Air Force neurologist who specializes in MS would associate his symptoms while on active duty with the disease. Presently, he is fairly healthy with minimal disabilities; however, the damage that has been done to his central nervous system is permanent and the future effects of the damage are unknown. If he had been diagnosed with MS at the time of his separation, he would have been medically retired. The applicant’s complete response, with attachment, 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 error or injustice. The applicant contends the DVA granted him 30 percent disability and if the MS would have been discovered while he was on active duty, he most likely would have been rated 100 percent by the Air Force and medically retired. He also requests a review of his medical records by an Air Force neurologist specializing in MS. However, after a thorough review of the evidence of record and his complete submission, we are not persuaded that at the time of his 2006 discharge he had a medical condition that was unfitting for continued military service. Therefore, we agree with the opinion and recommendation of the BCMR Medical Advisor and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice. Hence, we find no basis to recommend granting the relief sought. 4. 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 issue(s) involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 14 Feb 13, under the provisions of AFI 36- 2603: , Panel Chair , Panel Member , Panel Member The following documentary evidence was considered in AFBCMR BC- 2012-01414: Exhibit A. DD Form 149, dated 13 Apr 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Advisor, dated 2 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 14 Jan 13. Exhibit E. Letter, Applicant, dated 3 Feb 13. Panel Chair