RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03224
            INDEX CODE:  110

            COUNSEL:  None


            HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His voluntary honorable discharge be set aside and that he  receive  a
disability retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Between 1986 and 1993, he served in the Air Force  with  a  number  of
cardiac conditions.  He was treated for such  conditions  during  that
time.  He was later discharged from the active Reserves for these same
reasons.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military  Service  Date  (TAFMSD)
was 26 Feb 85.

On 12 May 93, the applicant’s medical separation examination, prior to
his projected voluntary discharge, reflected  that  he  was  worldwide
qualified.

On 30 Jun 93, the applicant was discharged under the provisions of AFR
39-10  (Completion  of  Extended   Enlistment)   with   an   honorable
characterization of service in the grade of staff  sergeant.   He  was
credited with 8 years, 4 months, and 5 days of active service.

On 1 Jul 93, the applicant enlisted in the Air Force  Reserves  for  a
period of two years in the grade of staff sergeant.

On  21 Nov  93,  the  applicant  was  temporarily  disqualified   from
worldwide duty and placed on a 4T profile for  blackouts  relating  to
aortic insufficiency, Mitral Valve Prolapse.  While on  this  profile,
applicant was not eligible to perform active or inactive duty for  pay
or points until cleared by attending civilian physician and the  512th
Surgeon General.

On 20 Jun 94, the applicant was removed from mobility while on  active
duty due to his cardiac problems and history  of  migraine  headaches.
The reviewing Flight Surgeon recommended applicant be disqualified for
continued  worldwide  service  by  reason  of  symptomatic   rheumatic
valvular disease and  the  processing  of  a  claim  through  Veterans
Administration (VA) processing channels was also recommended.

On 14 Jul 94, the applicant was notified that he had been certified by
the appropriate Air Force Reserve Surgeon as  physically  disqualified
for worldwide duty by reason  of  aortic  insufficiency  secondary  to
presumptive rheumatic fever; aortic stenosis; mitral  valve  prolapse;
migraine headaches; history of blackouts and therefore  did  not  meet
the requirements for retention in  the  Air  Force  Reserve.   He  was
informed that he would be issued an honorable discharge.

On 25 Aug 94, per Reserve Order A-179,  applicant  was  relieved  from
assignment and discharged from the Air Force Reserves, effective 8 Oct
94,  with  service  characterized  as  honorable  and  a  reenlistment
eligibility status of:  Eligible With Waiver.

Effective Apr 95, the applicant received a 30% disability rating  from
the  Department  of   Veterans   Affairs   (DVA)   for   his   “aortic
insufficiency/stenosis with mitral valve prolapse.”

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant reviewed this  application  and  indicated
that as early as 1986, the applicant was diagnosed with valvular heart
disease,  most  likely  secondary  to  rheumatic  fever,  the  disease
affecting the aortic as well as the mitral valves.  These valves  were
found insufficient (i.e., they were not able to  prevent  backflow  of
blood in the heart chambers) and stenotic, limiting  the  normal  flow
through their leaflets.  Records indicate the  applicant  was  treated
for a strep  throat  (a  common  cause  of  rheumatic  fever  if  left
untreated) in September  with  appropriate  penicillin  therapy.   The
applicant had symptoms referable  to  these  valve  problems,  perhaps
dating to as early as Dec 85...10 months after coming on active  duty.
Symptoms included periods of lightheadedness and atypical chest  pain.
Records reveal that he was seen numerous times in his eight years  for
these symptoms and continued to have problems following his discharge.
 Echocardiograms in May 90 showed “severe Aortic  insufficiency,  mild
aortic stenosis, mitral regurgitation and a mildly dilated left atrium
(upper heart chamber).

The  BCMR  Medical  Consultant  further   states   that   once   found
disqualified for any aspect of military duty (mobility, in this case),
a member’s  disability  evaluation  is  mandatory  and  this  was  not
accomplished.  The most appropriate course at this  point  would  have
been to evaluate the applicant in  the  disability  evaluation  system
prior to his entry into Reserve status.  Had this been done, the  most
likely outcome would have been to find him unfit for duty based on his
cardiac condition and also his migraine headaches.  Had the  applicant
been seen in the disability evaluation system,  the  probable  outcome
would have been to find him unfit by virtue of his heart  disease  and
migraines and to separate him with disability compensation  of  0%  by
reason of having  no  activity  limitations  and  infrequent  migraine
attacks.  There was not sufficient disability  to  warrant  a  medical
retirement  as  the  applicant  now  requests  and  the  BCMR  Medical
Consultant recommends against granting his request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

The Chief, Special Actions/BCMR Advisories, AFPC/DPPD,  also  reviewed
this application and verified that the applicant was never referred to
or considered by the Air Force Disability Evaluation System under  the
provisions of AFR 35-4.  Upon reviewing his record, it appears that he
did have a heart condition throughout his eight years of  active  duty
possibly brought on when he had rheumatic fever during his  childhood.
While on his entrance physical he  did  not  mention  his  preexisting
heart condition, he did acknowledge it in May 93 at the  time  of  his
active duty discharge.  At that time, he noted that  at  age  18  (one
year prior to his initial enlistment),  he  had  been  diagnosed  with
aortic insufficiency and mitral valve prolapse and was told  that  one
day he would require surgery and a heart valve replacement.   It  must
be noted that despite his medical condition, the applicant was able to
perform his assigned duties right up to the time of his discharge from
active duty.  Additional review of his  medical  record  also  reveals
that he was found worldwide qualified during a medical  evaluation  in
May 93, prior to his projected voluntary discharge.  Although  in  Jun
93, just  prior  to  his  discharge,  he  was  temporarily  made  non-
deployable pending further  testing  of  his  heart,  these  follow-up
assessments were not accomplished before applicant separated.

Based on the BCMR  Consultant’s  4 Feb  99  advisory  opinion  that  a
Medical Evaluation Board (MEB) should have been accomplished in Jun 93
and forwarded to the Informal Physical Evaluation Board  (IPEB),  DPPD
sent the entire case file to the current IPEB  for  their  evaluation.
The IPEB indicated that in Jun 93, the applicant’s  medical  condition
clearly did not prevent him from reasonably performing duties  of  his
office, grade, rank or rating and therefore the IPEB would have  found
him fit and returned him to duty.  The current IPEB confirmed that  in
the Summer of 1994, had Headquarters Air Force Reserves forwarded  the
applicant’s case file for review by the USAF  disability  system,  the
package would have been  returned  without  action,  as  there  is  no
indication in the record that applicant’s condition was duty  related.
Had there been some indication of duty  relationship  (e.g.,  blackout
while on duty with the  Reserves),  the  IPEB  would  have  found  the
applicant  unfit  for   continued   military   duty   based   on   the
deterioration/natural progression of his preexisting heart  condition.
Finally, the IPEB would have found the  applicant’s  military  service
had  not  permanently  aggravated  his  condition   and   would   have
recommended applicant be discharged  without  disability  benefits  in
accordance with Department of Defense  (DOD)  1332.18  and  Title  10,
United States Code (USC).

Based on a thorough review of the record, DPPD found  no  evidence  to
justify a  disability  discharge  or  retirement  with  a  compensable
disability rating either at the time the applicant was discharged from
active duty or from the Air Force Reserve and recommends denial of the
applicant’s request.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were  forwarded  to  applicant  on
19 Apr 99 for review and response.  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;  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 probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that his honorable discharge should be set aside and that he
should receive a disability  retirement.   His  contentions  are  duly
noted; however, we do not find these assertions, in and by themselves,
sufficiently persuasive to override the rationale provided by the  Air
Force.  In addition, we note that based on  the  Medical  Consultant’s
opinion that applicant was entitled to a disability  evaluation  since
his worldwide qualifications were in question, the Physical Disability
Division  forwarded  applicant’s  record  to  the  IPEB.   That  board
determined that applicant would have been found fit  and  returned  to
duty on the  basis  that  his  condition  did  not  prevent  him  from
performing his duties.  Further, we note  that  had  applicant’s  case
been forwarded to the IPEB while he was a  Reservist,  it  would  have
been returned without action  because  there  was  no  indication  his
condition was  duty  related.   Lastly,  we  note  that  applicant  is
receiving   disability   compensation   from   the   VA   for   Aortic
Insufficient/Stenosis With Mitral Valve Prolapse and we believe the VA
is the appropriate agency for awarding compensation for his condition.
 In this respect, it must be noted that the Air Force and the  VA  are
separate  federal  agencies  and  operate  under  different  laws  and
policies.  The Air Force assesses a service member’s  disability  with
respect to fitness for duty while the VA rates for any and all service-
connected  conditions,  to  the  degree  they  interfere  with  future
employability, without consideration  of  fitness.   In  view  of  the
foregoing, the applicant has failed to sustain his burden that he  has
suffered either an error or an injustice and  we  find  no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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 December 1999, under  the  provisions  of  Air
Force Instruction 36-2603:

                  Ms. Patricia J. Zarodkiewicz, Panel Chair
                  Ms. Patricia D. Vestal, Member
                  Ms. Melinda J. Loftin, Member
                Mrs. Joyce Earley, Examiner (without vote)

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 4 Jul 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dated 4 Feb 99.
     Exhibit D.  Letter, AFPC/DPPD, dated 1 Apr 99.
     Exhibit E.  Letter, AFBCMR, dated 19 Apr 99.




                                   PATRICIA J. ZARODKIEWICZ
                                   Panel Chair