RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00031 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1.  He receive a medical retirement rather than his medical discharge. 2.  Section 10, Additional Findings, on his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated, 27 Sep 94, be changed as follows: a.  Section C, Disability was the direct result of armed conflict or was caused by an instrumentality of war and incurred in the line of duty during a period of war, should state “Yes.” b.  Section D, Disability was the direct result of a combat related injury, should state “Yes.” c.  Section E, Degree of impairment, should be marked “is permanent.” APPLICANT CONTENDS: The “Gamma Globulin” inoculation shot he was given for deployment resulted in his pancreatic organ being made inoperative. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Air National Guard (ANG) on 28 May 87. Under Special Order R-806, dated 23 Jul 93, he deployed to Dhahran, Saudi Arabia for the period 16 Aug 93 through 3 Oct 93. On 27 Sep 94, an Informal PEB (IPEB) found him unfit for further service due to Type I Diabetes Mellitus controlled by moderate dosages of insulin and restricted diet, assigned him a 20 percent compensable disability rating, and recommended he be discharged with severance pay. On 22 Dec 94, the SecAF directed the applicant be separated for physical disability, with severance pay. On 7 Feb 95, the applicant was furnished an honorable discharge with severance pay, and was credited with 8 years and 16 days of total active service. The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D. AIR FORCE EVALUATIONS: AFPC/DPFD recommends denial indicating there is no evidence of an error or an injustice. In order to assign combat relation, the condition must have been incurred in the line of duty, under orders (verbal or written) to perform duty, and there must be a definite causal relationship between the required duty and the disability. The PEB will make a combat-related disability determination if the condition was incurred as the direct result of armed conflict, extra hazardous service, under conditions simulating war, or as the result of an instrumentality of war. The fact a condition may be related to an immunization is not unique to military service or performance of combat duty and, as such, does not meet the qualifications for a combat-related designation. Regarding the applicant's desire for his condition to have been deemed permanent on his AF Form 356 vice being marked “may be” permanent, there were no remarks by the IPEB on the copy of the form he provided as evidence in support of his claim. However, executing a change of block 10e would not affect the findings of the IPEB. There is no evidence an injustice has occurred during the processing of the applicant request of discharge. A complete copy of the AFPC/DPFD evaluation is at Exhibit C. BCMR Medical Consultant recommends denial indicating there is no evidence of an error or an injustice. On 15 Dec 93, laboratory results showed his glucose level was 611 mg/dl (normal is 70 to 112). Consequently, he was hospitalized for treatment of poorly controlled diabetes. At his follow-up on 4 Feb 94, the provider noted the applicant was “much improved.” On or about 22 Mar 94, laboratory data showed his glucose fell within the excellent range. By Jun 94, medical officials at the Air National Guard Reserve Center (ANGRC/SGP) reviewed the applicant’s Medical Evaluation Board (MEB) summary and determined it was not conducive to continued deployability, considering the condition in the line of duty, and recommended the applicant be found unfit for continued service. In Sep 94, an IPEB found the applicant unfit for retention due to Type I Diabetes Mellitus, controlled by moderate dosage of insulin and a restricted diet, assigning a disability rating of 20 percent under the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The IPEB indicated on his AF Form 356 the applicant’s medical condition “may be” permanent, his condition was not the direct result of armed conflict or was caused by an instrumentality of war, and was not the direct result of a combat related injury. The applicant agreed with the decision of the IPEB. The evidence provided is insufficient to justify retroactive assignment of the higher disability rating 20 years after the applicant’s release from military service. Addressing the applicant’s request to change his AF Form 356, although the reportedly received a gamma globulin inoculation in preparation for deployment, this immune system boosting precautionary measure is not an instrumentality of war. Any alleged resultant adverse effects would not be considered combat-related, nor the direct result of armed conflict. In addition, changing this document to indicate the applicant’s diabetes “is” permanent will have no bearing upon the status of his discharge, characterization of his service, or his disability rating. A complete copy of the BCMR Medical Consultant evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Copies of the Air Force evaluations were forwarded to the applicant on 21 Sep 15 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1.  The applicant has exhausted all remedies provided by existing law or regulations. 2.  The application was not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. 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. After a thorough review of the applicant’s submission and the evidence of record, we do not find the applicant’s medical conditions were the direct result of an armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war. The evidence provided is insufficient to justify retroactive assignment of the higher disability rating 20 years after the applicant’s release from military service. Additionally, we are convinced the applicant’s request to change his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, to indicate his diabetes “is” permanent will have no bearing upon the status of his discharge, characterization of his service, or his disability rating. As such, we agree with the opinions and recommendations of AFPC/DPFD and the AFBCMR Medical Consultant and adopt their rationale as the basis for our conclusion the applicant has not been the victim 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. 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 issues involved. Therefore, the request for a hearing is not favorably considered. 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-2015-00031 in Executive Session on 9 Dec 15 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 11 Dec 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPFD, dated 9 Feb 15. Exhibit D.  Memorandum, BCMR Medical Consultant, dated 16 Sep 15. Exhibit E.  Letter, SAF/MRBR, dated 21 Sep 15.