RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  00-01065
                       INDEX CODE 110.02  108.01  108.02  108.10
      XXXXXXXXX                         COUNSEL: No

      XXXXXXXXX                         HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1954 general discharge be changed to a 100% medical retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was  infected  with  what  is  known  today  as  Lyme  disease.  He
contracted the disease in Jun 52 at xxxx xxx xx. He  was  hospitalized
but never given a sustained course of medications,  which  would  have
cured the disease.  He’s constantly been told, “There is no such thing
as Lyme disease; the disease did not exist in 1952 so  you  could  not
contract it.” The Department of  Veterans  Affairs  (DVA)  refuses  to
recognize the long existence of Lyme disease. His symptoms have varied
daily over the past 45 years due to long-term untreated  Lyme  disease
and he has no prospects of remission or cure.

His complete  submission,  including  two  volumes  and  a  4  Jun  00
supplemental letter, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 12 Jun 51. He was hospitalized on
different occasions with a variety of problems that took him from  his
duty for the better part of a year.  He  was  evaluated  for  multiple
disorders such  as  hepatitis,  mononucleosis,  rheumatoid  arthritis,
rheumatoid spondylitis, etc.  Psychiatric  consultations  led  to  the
diagnosis of personality disorder (determined to have existed prior to
service (EPTS)), the severity of which prompted his being  recommended
for  administrative  discharge.  He  was  discharged  with  a  general
discharge on 16 Oct 54 with 3 years, 4 months and 5  days  of  service
because of alleged incompatibility for service secondary to a schizoid
personality disorder.  The  tick-borne  disorder,  Lyme  disease,  was
unlabeled in the 1950s.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records (Exhibit B),  are  contained  in
the official documents provided in the applicant’s submission (Exhibit
A) and in the letters prepared by the appropriate offices of  the  Air
Force (Exhibits C and D).  Accordingly, there is  no  need  to  recite
these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  BCMR  Medical  Consultant   believes   the   applicant   provides
information that may well relate to his problems being secondary to an
infection of the Lyme disease organism, one similar in  kind  to  that
which causes syphilis.  Given the medical knowledge of such  illnesses
in the applicant’s day and time, a diagnosis  of  Lyme  disease  would
quite possibly  have  escaped  detection.  However,  at  the  time  of
discharge, he was nowhere near the 100% disabled  level  he  seeks  in
this appeal. A more realistic disability level of 10% would apply  for
the psychological manifestations  that  brought  about  his  discharge
based on current VA Schedule for Rating Disabilities  (VASRD)  ratings
for mild impairment. Records indicate the applicant functioned  as  an
“engineer” in his post-service years, thereby indicating the  mildness
of his disorder and the appropriate level of disability under which he
should have been discharged. The Consultant recommends the records  be
changed to reflect the applicant was  medically  discharged  with  10%
disability under VASRD Code 9327, disability  severance  pay  be  made
retroactive to his date  of  separation,  and  the  character  of  his
discharge changed to honorable.

A complete copy of the evaluation is at Exhibit C.

The Chief, Special Actions/BCMR Advisories, HQ AFPC/DPPD,  notes  that
the applicant’s personality disorder was considered to have been  EPTS
and not in the line of duty. Records clearly show  the  applicant  was
capable  of  performing  his  military  duties  as  reflected  in  his
discharge medical examination and affidavits from his  supervisor  and
coworker provided at the time of his  administrative  discharge.   The
fact that he was diagnosed by the DVA for Lyme disease in  1996  (some
40-plus years following  his  discharge)  is  irrelevant  because  his
records show he was fit to perform his military duties right up  until
the time of his involuntary discharge. Although personality  disorders
are  unfitting  for  military  service,  they  are  not   ratable   or
compensable  under  military  disability  laws  and  policy.  Service-
connected medical conditions that are incurred while  on  active  duty
but are not serious  enough  to  cause  the  early  termination  of  a
military career are not compensated under military disability laws and
policy; however, they may be compensated by the DVA. As the  applicant
has not provided evidence to show he  was  unfit  due  to  a  physical
disability under the provisions of military disability laws and policy
in effect at the time of his discharge, the Chief recommends denial.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant contends his disease has been continuously active  since
contraction in 1952 and  thereby  warrants  a  rating  of  100%.   The
disease was known in Russia, Scandinavia, and Western Europe.  It  was
prevalent on the North American continent  for  centuries.  Since  the
Army Medical Corps was  cognizant  of  the  disease  at  the  time  of
admission to Letterman, there was a duty to diagnose  and  treat  him.
Failure to do so was beyond negligence.  At  the  time  of  infection,
proper medication would have cured him of the  disease.   He  contends
only one employment exceeded three years during his  working  lifetime
due to severe symptoms.

Applicant’s complete response, with attachment, is at 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of  probable  error  or  injustice  to  warrant  partial
relief.  In  this  regard,  the  available  documentation  appears  to
indicate the applicant’s symptoms may  have  been  secondary  to  Lyme
disease infection incurred while he was in the military. Although  the
applicant requests a 100% medical  retirement,  he  has  not  provided
evidence convincing us that, even if Lyme disease had been  known  and
rated in  the  1950s,  his  medical  condition  at  the  time  of  his
separation was severe enough to warrant a rating higher than  10%.  In
this regard, the applicant needs to understand that, although the  Air
Force rates disabilities in accordance with the VASRD, the  Air  Force
and the DVA are separate federal agencies and operate under  different
laws and policies.  Title 10, United States Code  (USC),  Chapter  61,
which governs the Air Force system, first requires a determination  of
unfitness, and then that the degree of unfitness  be  based  upon  the
member’s condition at the time  of  permanent  disposition---not  upon
possible future events. On the other hand, Title 38, USC, governs  the
DVA system and allows awarding compensation  for  acquired  conditions
that alter a person’s life style and future employability. That is why
a military member can receive a higher rating from the  DVA  than  the
one awarded by the Air Force. At  this  late  juncture,  the  evidence
provided is not incontrovertible that the applicant would  necessarily
have overcome the presumption of fitness even if he had  been  entered
into the Air Force disability system. However, given  the  possibility
that the psychological  manifestations  contributing  to  his  general
discharge may have stemmed from Lyme  disease  infection,  the  AFBCMR
Medical Consultant’s suggested  remedy  for  partial  relief  seems  a
reasonable compromise. Therefore, in  order  to  preclude  a  possible
injustice, we recommend the applicant's records be corrected  to  show
he was honorably discharged with severance pay for physical disability
rated at 10%.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

      6The pertinent military records of the  Department  of  the  Air
Force relating to APPLICANT, be corrected to show that:

      a.  On 15 Oct 54, he was found unfit to perform  the  duties  of
his office, rank, grade or rating by  reason  of  physical  disability
incurred while entitled to receive basic pay; that  the  diagnosis  in
his case is Organic  Mental  Disorder,  other  (including  personality
change due to a general medical  condition),  disability  rating  10%,
VASRD  code  9327;  that  the  disability  was  permanent;  that   the
disability was not due to intentional misconduct or  willful  neglect;
that the disability was not incurred during a period  of  unauthorized
absence; and that the disability was not received in line of duty as a
direct result of armed conflict.

      b.  He was not discharged from active duty on 16 Oct 54  with  a
general characterization of service, but on that date he was honorably
discharged for physical disability, rated at 10% with  entitlement  to
disability  severance  pay,  and  furnished  an  Honorable   Discharge
certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 4 October 2000, under the provisions of  AFI  36-
2603:

                  Mr. Teddy L. Houston, Panel Chair
                  Mr. Christopher Carey, Member
                  Ms. Diana Arnold, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A. DD Form 149, dated 16 Apr 00, w/atchs
   Exhibit B. Applicant's Master Personnel Records.
   Exhibit C. Letter, AFBCMR Medical Consultant, dated 27 Jun 00.
   Exhibit D. Letter, HQ AFPC/DPPD, dated 26 Jul 00.
   Exhibit E. Letter, SAF/MIBR, dated 11 Aug 00.
   Exhibit F. Letter, Applicant, dated 7 Aug 00.




                                   TEDDY L. HOUSTON
                                   Panel Chair



AFBCMR 00-01065




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

            The pertinent military records of the Department of the
Air Force relating to XXXXXX, be corrected to show that:


      a.  On 15 October 1954, he was found unfit to perform the duties
of his office, rank, grade or rating by reason of physical disability
incurred while entitled to receive basic pay; that the diagnosis in
his case is Organic Mental Disorder, other (including personality
change due to a general medical condition), disability rating 10%,
VASRD code 9327; that the disability was permanent; that the
disability was not due to intentional misconduct or willful neglect;
that the disability was not incurred during a period of unauthorized
absence; and that the disability was not received in line of duty as a
direct result of armed conflict.


      b.  He was not discharged from active duty on 16 October 1954
with a general characterization of service, but on that date he was
honorably discharged for physical disability, rated at 10% with
entitlement to disability severance pay, and furnished an Honorable
Discharge certificate.




                                             JOE G. LINEBERGER
                                             Director
                                             Air Force  Review  Boards
Agency