RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02414 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The former member’s Length of Service retirement be changed to a disability retirement with a compensable disability rating of 100 percent. ________________________________________________________________ APPLICANT CONTENDS THAT: The decedent should have been medically retired versus receiving a length of service retirement because he was a Gulf War veteran originally rated 30 percent disabled with a service connected disability by the Department of Veterans Affairs (DVA). He is now presumed rated 100 percent disabled due to conditions incurred or aggravated in the line of duty, as he died from complications of heart related conditions. The decedent experienced extreme fatigue, heartburn, high blood pressure, high cholesterol, shoulder, arm, joint pains, aching joints, Irritable Bowel Syndrome (IBS), headaches, upper gastro- intestinal (GI) issues and symptoms, muscle pain and weakness for years after the gulf war and continued for the rest of his life, and he died of heart related conditions. Based upon these conditions he would have been rated 100 percent disabled. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the available records, on 30 Nov 01, the decedent was honorably relieved from active duty, with a reason for separation of sufficient service for retirement. He was credited with 20 years and 13 days of active service for retirement. ________________________________________________________________ THE AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial, stating, in part, the military service history did not meet the criteria for reclassification to a medical discharge. The Medical Consultant opines this is a most regrettable account of one of our members. The decedent spent 20 years in the Air Force, voluntarily retired, and passed away approximately six years after retiring. His military records show an active career, but fail to support evidence that he was unfit to perform his military duties. There are no profile documents to support that he could not perform the duties commensurate with his office, grade, rank and rating. Moreover, the decedent’s discharge physical did not demonstrate the presence of a disqualifying medical condition that warranted conducting a Medical Evaluation Board (MEB) and referral to a Physical Evaluation Board (PEB) for consideration of a medical retirement. The governing Department of Defense (DoD) Directive under para, Presumption of Fitness-Application states," Except for service members previously determined unfit and continued in a permanent limited duty status, service members who are pending retirement at the time they are referred for physical disability evaluation enter Disability Evaluation System (DES) under a rebuttable presumption that they are physically fit. The DES compensates disabilities when they cause or contribute to career termination. Continued performance of duty until a service member is approved for length of service retirement creates a rebuttable presumption that a service member's medical conditions have not caused a career termination. The complete AFBCMR Medical Consultant evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 4 Feb 13 for review and response. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. In addition, we note the Military Disability Evaluation System (MDES) only offers compensation for the medical condition that is the cause for career termination; and then only to the degree of impairment present at the time of final disposition or military separation. Conversely, the Department of Veterans Affairs (DVA) operates under a separate set of laws which takes into account the fact that a person can acquire physical conditions during military service that, although not unfitting at the time of separation, may later progress in severity and alter the individual's lifestyle and future employability. While we sympathize with the applicant, regrettably, 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 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-2012-02414 in Executive Session on 7 Mar 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 May 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dated 28 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 4 Feb 13.