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AF | BCMR | CY2000 | 0000362
Original file (0000362.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-00362
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her administrative discharge be changed to a medical discharge so that
she can receive benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She went into a coma for about two months.  She believes that the  flu
shot she was given caused  her  physical  condition.   Therefore,  her
condition should be considered “duty-related.”

In  support  of  her  appeal,  the  applicant  provided  congressional
correspondence, which included a  letter  from  her  congresswoman,  a
personal statement, and a copy of her discharge order.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was relieved from her Reserve assignment and discharged from
the Air Force Reserve effective 21 Jan 97 under the provisions of  AFI
36-3209 (Physical Disqualification).  She was credited with five years
of satisfactory Federal service for retirement.

The relevant facts pertaining to this application are contained in the
letters  prepared  by  the  appropriate  offices  of  the  Air  Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, reviewed  this  application  and
recommended denial.  The Medical Consultant noted that  the  applicant
was a Reservist with less than 20 satisfactory  years  for  retirement
when she developed a demyelinating  disease  of  the  central  nervous
system probably secondary to multiple sclerosis in Nov  95.   Symptoms
included right-sided numbness and tingling  sensations,  and  a  month
later, she entered a coma that lasted about a month and a  half.   She
stated that she was on a Reserve  weekend  and  reported  symptoms  of
facial and right arm and leg numbness to her officer in charge  (OIC).
Apparently the next day she called in sick and remembers little  after
that until coming out of the coma.  The Medical  Consultant  indicated
that there was no indication in the  medical  records  that  she  ever
reported these symptoms as  she  stated.   Subsequent  review  by  the
Reserve  Surgeon  General   personnel   resulted   in   the   physical
disqualification  determination  and  her   administrative   discharge
followed.  The Medical Consultant noted the applicant  mentioned  that
she is concerned that an influenza immunization she received in Oct 95
may have been a contributor to her neurologic condition.


According to the Medical Consultant, the medical records show that the
applicant gave a history of having two "blackout spells" in 1984,  two
years prior to her initial enlistment  when  she  was  15  years  old,
episodes that were never investigated or explained.  She also reported
being treated for "hypoglycemia" on a periodic physical examination in
Jul 94, although no duty impact was found.

The Medical  Consultant  indicated  that  records  were  quite  sparse
concerning the nervous system disorder, and contain only  two  letters
written  by  physicians  attesting  to  the  applicant’s  problem  and
rehabilitation efforts, in addition to the discharge package  prepared
following her fitness determination.  Multiple  sclerosis  (MS)  is  a
disease primarily found in young women with its highest onset  between
20 and 40 years  of  age.   The  fact  that  the  applicant  has  been
diagnosed with a demyelinating disease, most likely  MS,  indicated  a
chronic condition  that  has  no  known  cause  other  than  suspected
exposure to some remote virus as  a  possible  etiology.   It  is  not
possible to connect the disease symptom onset to a specific event such
as an influenza vaccination, and  the  applicant's  concern  for  this
possibility is not valid.  Reactions to  immunizations  most  commonly
are immediate (pain, local swelling, fever) or develop over a few days
with fever, rash, joint pain in a serum sickness  reaction,  a  highly
uncommon event with this type of immunization.  This latter problem is
easily  treated  with  simple  medications.  Nothing  in  the  records
indicated a connection between the applicant’s onset of  symptoms  and
subsequent period of coma, and either her weekend Reserve duty or  the
previous  immunization.   A  fitness  for   duty   determination   was
appropriate for a Reservist who becomes disabled  for  performance  of
duty from disease or injury not directly related to  his/her  military
duties.  According to the Medical Consultant, it  was  clear  that  no
error or inequity occurred in  this  case  which  warranted  a  record
correction as now sought.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
C.

The Physical Disability Division, AFPC/DPPD, reviewed this application
and recommended denial.  According to DPPD, Reserve members with  non-
duty related impairments are not eligible for processing  through  the
Military Disability Evaluation System (MDES) and,  as  such,  are  not
eligible for disability compensation  from  the  Air  Force.   Members
identified for processing are  referred  into  the  MDES  by  the  Air
Reserve Command (ARC).

DPPD indicated that in accordance with Department of Defense Directive
(DoDD) 1331.18, dated 4 Nov 96, any member of the Ready  Reserve,  who
is pending separation for a  non-duty  related  impairment,  shall  be
afforded the opportunity to enter  the  disability  evaluation  system
solely for a determination of fitness (a second  opinion)  which  they
must request at the time of their case  review  by  the  Reserve.   If
found unfit by the MDES, the case is returned to ARC  for  disposition
as they see fit.  There was no evidence in the AFBCMR case  file  that
the applicant was referred to the MDES for  a  fitness  determination;
however, DPPD opined that it would not have changed the disposition by
ARC.

DPPD stated that a thorough review of the case file revealed no errors
or irregularities in the processing of the applicant's discharge  from
the Reserve that would warrant a change to  her  military  records  to
reflect she received a disability retirement under the  provisions  of
disability law and policy.  The  request  for  a  military  disability
retirement is without legal basis.  The medical aspects of  this  case
are fully explained by the Medical Consultant;  they  agree  with  his
advisory.

In DPPD’s view, the  applicant  has  not  submitted  any  material  or
documentation to substantiate her claim that her  condition  is  duty-
related.  Further, DPPD recommended referral of this case to  ARC  for
comments.

A complete copy of the DPPD evaluation is at Exhibit D.

The Military Personnel Division, AFRC/DPM, reviewed  this  application
and recommended denial.  DPM  noted  the  Aerospace  Medicine  Branch,
AFRC/SGPA, indicated in their memorandum, dated 15 Sep 00, that  there
was no medical documentation which supported the conclusion  that  the
medical  diagnosis  for  which  the  applicant  was   administratively
discharged was caused  by  the  administration  of  the  flu  vaccine.
Further, they stated that the  applicant  has  not  provided  any  new
documentation which supports her claim.
AFRC/SGPA recommended that her request  for  relief  not  be  granted.
According to DPM, they concur with AFRC/SGPA’s recommendation.

A complete copy of the DPM evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  3
Nov 00 for review and response.  As of this date, no response has been
received by this office (Exhibit F).

_________________________________________________________________

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.   The  applicant's
complete submission was thoroughly reviewed and her  contentions  were
duly noted.  However, we do not find the  applicant’s  assertions  and
the documentation presented in  support  of  her  appeal  sufficiently
persuasive to override the rationale provided by the Air Force offices
of primary  responsibility  (OPRs).   Therefore,  in  the  absence  of
evidence which shows to our satisfaction that the information used  as
a basis for her physical disqualification for continued service in the
Air Force Reserve was erroneous, we adopt the Air Force rationale  and
conclude that no basis exists 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  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 21 Nov 00 and 11 Dec 00, under the provisions  of
AFI 36-2603:

      Mr. Patrick R. Wheeler, Panel Chair
      Mr. E. David Hoard, Member
      Ms. Patricia D. Vestal, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Feb 00, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Medical Consultant, dated 9 Mar 00.
      Exhibit D.  Letter, AFPC/DPPD, dated 14 Apr 00.
    Exhibit E.  Letter, AFRC/DPM, dated 6 Oct 00, w/atch.
    Exhibit F.  Letter, SAF/MIBR, dated 3 Nov 00.




                                   PATRICK R. WHEELER
                                   Panel Chair

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