. 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-01180 
COUNSEL:  NONE 
HEARING:  NO 

The applicant requests that his honorable discharge be changed to 
a medical discharge.  Applicant's submission is at Exhibit A. 
Pursuant  to  the  Board's  request,  the  Federal  Bureau  of 
Investigation,  Washington,  D.  C.,  provided  a  copy  of  an 
investigation report, which is attached at Exhibit C. 
The appropriate Air  Force officep evaluated applicant's request 
and  provided  advisory  opinions  to  the  Board  recommending  the 
application be  denied  (Exhibit D).  The advisory opinions were 
forwarded to the applicant for review and response  (Exhibit E). 
As of this date, no response has been received by this office. 
After  careful  consideration  of  applicant's  request  and  the 
available evidence of  record, we  find  insufficient evidence of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinions appear to be  based  on 
the evidence of record and have not been rebutted by applicant. 
Absent persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record.  Accordingly, applicant's request is 
denied. 
The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members of the Board Ms. Patricia J. Zarodkiewicz, Mr. William H. 
Anderson, and Mr. Joseph A. Roj  considered this application on 
11 February 1999 in accordance with the provisions of Air Force 
Instruction 36-2603, and the governing statutml0, U.S.C. 1552. 

kfidw;cz 

Exhibits : 

TRICIA 

P 
Panel C h w  

A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  FBI  Report 
D.  Advisory Opinions 
E.  AFBCMR L t r   Forwarding Advisory Opinions 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE, TEXAS 

28 Jul98 

MEMORANDUM FOR AFBCMR 

FROM: 

HQ AFPC/DPPD 
550 C Street West Ste 06 
Randolph AFB TX 78 150-4708 

SUBJECT: 

rrection of Military Records 

REQUESTED ACTION:  Applicant requests that his Air Force personnel records correctly 

reflect that his honorable discharge reflect he was discharged under “medical conditions.” 

FACTS : Applicant was involuntarily relieved from active duty for physical disability 

under the provisions of AFM 35-4, Chapter 9, for a condition that existed prior to service (EPTS). 
At the time of his disability discharge on 19 Jul61, he had completed one month and twenty-five 
days of active duty.  It appears that the applicant’s goal is to establish eligibility to receive medical 
benefits from the Department of Veterans Affairs (DVA).  Member’s application is considered 
untimely under the statute of limitations. 

DISCUSSION:  The purpose of the military disability system is to maintain a fit and vital 
force by separating members who are unable to perform the duties of their office, grade, rank or 
rating.  Members who are separated or retired for reason of physical disability may be eligible, if 
otherwise qualified, for certain disability compensations. Eligibility for disability processing is 
established by a Medical Evaluation Board (MEB) when that board finds that the member may not 
be qualified for continued military service.  The decision to conduct an MEB is made by the 
medical treatment facility providing care to the member. 

. 

A carefhl review of the AFBCMR case file revealed that the member was hospitalized on 

2 Jun 61 at the Lackland AF Hospital after completing approximately three weeks of basic 
training.  Applicant complained of headaches, dizziness, associated with frequent heat exhaustion 
following his inoculations for smallpox and two other shots on 3 1 May 61.  The patient stated that 
the headache and dizziness and frequent head exhaustion had occurred some fifteen times during 
the past four to five years.  The final diagnoses for his hospitalization consisted of vaccinia, 
generalized; heat stroke susceptibility, and streptoccocic sore throat.  The medical conditions for 
the diagnoses vaccinia, generalized and streptoccocic sore throat were considered in line of duty 
however, the diagnosis for heat stroke susceptibility was considered to be an EPTS condition. 
Subsequently, the member was found unfit for continued active duty for heat stroke susceptibility 
and medically discharged on 19 Jul 6 1.  The medical aspects of this case are fully explained by the 
Medical Consultant. 

. 

. 

Under the provisions of Title 10, USC, the services may only compensate members for 

disabilities “incurred while entitled to basic pay.’’  Further, if the service is found to have 
permanently worsened a pre-existing condition, the military may compensate the member 
however, only for the degree of permanent aggravation above and beyond the natural progression 
of the disease.  The member’s medical EPTS condition was not permanently aggravated by his 
brief service and does not qualie him for physical disability compensation under the provisions of 
Title 10, USC, Chapter 61. 

The member’s statement that he was told to sign some type of medical waiver which may 

have supposedly waived and affected his “federal benefits” cannot be substantiated. No such 
waiver was included in with the member’s records. 

A thorough review of the AFBCMR case file reflects that he was appropriately found unfit 

for continued military service and properly rated under federal disability rating guidelines. We 
find no errors in the member’s record that would warrant a change to his records. 

RECOMMENDATION:  We recommend denial of the applicant’s request.  The member 

has not submitted any material or documentation to show he was inappropriately rated or 
processed under the military disability evaluation system at the time of his disability discharge. 
Questions concerning the member’s DD Form 214 should be deferred to the appropriate office of 
primary responsibility. 

/q 

J 

STEPHEN J. % a n e l ,  
Chief, Physidal Disability Division 
Directorate of Pers Prog Management 

USAF 

9 July 1998 
98-01 180 

MEMORANDUM FOR AFBCMR 

FROM:  BCMR Medical Consultant 

1535 Command Drive, EE Wing, 3rd Floor 
Andrews AFB MD  20762-7002 

SUBJECT:  Application for Correction of Militarv Records 

Filing of this application was not accomplished in a timely manner, 37 years having passed 

since the applicant was discharged from the Air Force. 

Applicant‘s entire case file has been reviewed and is fotwarded with the following findings, 

conclusions and recommendations. 

REQUESTED ACTION:  The applicant was separated with a medical condition that was 

determined to have existed prior to service (EPTS), namely propensity to heat 
exhaustion/stroke, on 19 July 1961 after serving only 1 month and 25 days in basic training.  He 
applies now to change his honorable discharge to a medical discharge. 

FACTS:  The applicant started BMT on 25 May 1961 and was admitted to the hospital on 2 
June 1961 with fever and what was diagnosed as heat stroke.  Coincidentally, he had received 
several immunizations and a smallpox vaccination on 31 May and subsequently developed a 
generalized vaccinia reaction with widespread pustular lesions as normally found at the primary 
vaccination site.  In the course of taking the medical history, it was revealed that the applicant 
had problems with heat regulation over previous 4-5 years, having experienced some 15 
episodes of heat exhaustion in that period of time.  He related that he had never been able to 
work outdoors in summer months.  He remained hospitalized the entire month of June 1961 
and was afebrile for the last two weeks of hospitalization, slowly resolving his vaccinia lesions. 
He was referred for EPTS separation which occurred as noted above. 

DISCUSSION:  The applicant’s history of heat intolerance was the basis for determining the 

EPTS nature of his condition and the recommendation for separation after his short term in 
BMT.  Interestingly, the applicant had served in the New York Army National Guard from 
January 1957 to January 1960, and available records do not indicate heat-related problems in 
that period.  The generalized spread of the applicant’s smallpox vaccination undoubtedly played 
a part in his hospitalization considering the timing of vaccination and onset of fever within a 
couple of days of receiving the vaccine.  However, the incriminating history of the applicant’s 
inability to work outdoors in summer months and numerous episodes of prior heat exhaustion 
were paramount in determining his unsuitability for continued military service.  Evidence of 
record shows that the applicant was properly evaluated and discharged for a condition that was 
disqualifying for service and which preexisted his entry to the military.  Because the condition 
was EPTS, the applicant was not eligible for disability consideration at separation or later 
compensation through the Department of Veterans Affairs.  As an honorably discharged 
veteran, however, the applicant has been eligible for medical care through the DVA, although 
without availability of disability benefits for his brief service time. 

4 

Page 2 

AFBCMR Case #98-01180 

RECOMMENDATION: The BCMR Medical  Consultant is of the opinion that no change in 

the records is warranted and the application should be denied. 

/ 

FREDERICK W. HORNICK, Col., USAF, MC, FS 
Chief Medical Consultant, AFBCMR 
Medical Advisor SAF Personnel Council