Search Decisions

Decision Text

AF | BCMR | CY2001 | 0002755
Original file (0002755.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02755, Cse 2
                       INDEX CODE:  108.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His honorable  discharge  be  set  aside  and  he  receive  a  medical
retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has service connected disabilities and should have  been  medically
retired.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

During the applicant’s military career he was treated for a variety of
conditions.  The applicant was diagnosed with testicular cancer in May
1999.  In June 1999  his  left  testis  was  removed.   A  lymph  node
dissection was done in July 1999 to ensure  complete  removal  of  the
cancer--during this procedure his ureter was injured  causing  removal
of his left kidney.

The  applicant  was  voluntarily  discharged  on  21  February   2000.
Applicant served ten years, eleven months, and twenty days  of  active
federal military service.

A medical evaluation board was convened and referred his case  to  the
Informal Physical  Evaluation  Board  (IPEB)  on  23  August  1999  at
Randolph AFB.  On 19 November 1999 the IPEB recommended  applicant  be
returned to duty.  The Special Assistant to the  Director,  Air  Force
Personnel Council concurred in the recommendation the same date.  On 1
December 1999, he was returned to duty.  His condition was  considered
restricting and required an Assignment Limitation Code C - he would be
mobility qualified and could not be assigned outside  the  Continental
United States.

Upon application to the Department  of  Veterans  Affairs  (DVA),  the
member was awarded a combined 70 percent disability rating for service
connected disabilities, but he was not awarded a disability percentage
for the testicular cancer.

_________________________________________________________________

AIR STAFF EVALUATION:

The Chief, Medical Consultant, AFBCMR, reviewed this  application  and
states the reason the applicant could be found fit for duty by the Air
Force and later be granted a service connected disability by  the  DVA
lies in understanding the differences in Title 10  USC  and  Title  38
USC.  Title 10 USC, Chapter 61 is the federal statue that charges  the
Service Secretaries with maintaining a fit and vital  force.   For  an
individual to be considered unfit for military service, there must  be
a medical condition so severe that it prevents performance of any work
commensurate with rank and experience.  Once the determination is made
to find the servicemember unfit  a  disability  rating  percentage  is
assigned based upon the member’s condition at the  time  of  permanent
disposition.  Title 38 USC was established because a person’s physical
condition that was not unfitting at the time of separation, may  later
progress in severity  and  alter  the  servicemember’s  lifestyle  and
employability.  Title 38 USC governs the DVA  compensation  system  in
awarding disability percentage ratings for  conditions  that  are  not
unfitting for military service.

The  BCMR  Medical  Consultant,  based  on  the  evidence   presented,
recommends denying the applicant’s request.

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

The  Chief,  Special  Actions/BCMR  Advisories,  HQ  AFPC/DPPD,   also
reviewed this application and states the medical disability evaluation
system is used to determine if the service member’s medical  condition
renders him fit or unfit  for  continued  military  service.   If  the
member’s condition is found to preclude him from continuing on  active
duty, the law provides  appropriate  compensation  for  the  premature
termination of the member’s military career.  They further state  that
under military disability laws and policy, the boards  can  only  rate
those medical conditions which make the  member  unfit  for  continued
service at the time of the medical evaluation.  The DVA  is  chartered
to provide continual medical care for veterans once they leave  active
duty.  Under Title 38,  USC,  the  DVA  may  increase  or  decrease  a
member’s disability rating based on the  seriousness  of  the  medical
condition throughout his or her life
span.  Therefore based  on  the  evidence  submitted  DPPD  recommends
denying the requested relief (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

On 2 March 2001, copies of the Air Force evaluations were forwarded to
the applicant for review and response within  30  days.   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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  Applicant’s contentions
are duly noted; however, we agree with the opinion and  recommendation
of the Air Force and adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has not been the victim of an  error  or
injustice.  Title 10, USC, Chapter  61  is  the  federal  statue  that
charges the Service Secretaries  with  maintaining  a  fit  and  vital
force.  For an individual to be considered unfit for military service,
there  must  be  a  medical  condition  so  severe  that  is  prevents
performance  of  any  work  commensurate  with  rank  and  experience.
Evidence of record indicates  the  applicant  was  fit  and  medically
qualified  for  continued  military  service  at  the  time   of   his
separation.  Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the  relief  sought  in
this application.

_________________________________________________________________

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 3 May 2001, under the provisions of AFI 36-2603:

                       Mr. Henry Romo, Jr., Panel Chair
                       Mr. William H. Anderson, Member
                       Mr. John E. B. Smith, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 June 2000, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR, Medical Consultant, dated
      17 January 2001.
      Exhibit D. Letter, HQ AFPC/DPPD, dated 15 February 2001.
      Exhibit E. Letter, SAF/MIBR, dated 2 March 2001.




                             HENRY ROMO, JR.
                             Panel Chair

Similar Decisions

  • AF | BCMR | CY2001 | 0003229

    Original file (0003229.doc) Auto-classification: Denied

    If it had he would not have separated from the Air Force. DPPRR states that on page 30 of the applicant’s original package, it is clearly documented that in October 1990, the applicant was diagnosed with Sarcoidosis and in April 1994 with Hepatitis C. The BCMR Medical Consultant’s letter dated 13 August 2001 further states that the member was aware of his medical condition at the time of separation. The applicant’s medical records clearly show that he was diagnosed with “Hepatitis C” in...

  • AF | BCMR | CY2004 | BC-2003-01519

    Original file (BC-2003-01519.doc) Auto-classification: Denied

    Title 38 USC governs the DVA compensation system in awarding disability percentage ratings for conditions that are not unfitting for military service. A complete copy of the Air Force evaluation is attached at Exhibit C. HQ AFPC/DPPD states the purpose of the disability evaluation system (DES) is to maintain a fit and vital force by separating or retiring members who are unable to perform the duties of their office, grade, rank or rating. Evidence of record indicates the applicant was...

  • AF | BCMR | CY1999 | 9803487

    Original file (9803487.doc) Auto-classification: Denied

    On 20 November 1997, a Formal Physical Evaluation Board (FPEB) convened and recommended the applicant be removed from the TDRL. The applicant has not submitted any material or documentation to show he was inappropriately processed under the military disability evaluation system or that he was unfit for continued military duty at the time of his removal from the TDRL. A complete copy of the Air Force evaluation is attached at Exhibit...

  • AF | BCMR | CY2002 | BC-2002-03604

    Original file (BC-2002-03604.doc) Auto-classification: Denied

    Title 38 USC governs the DVA compensation system in awarding disability percentage ratings for conditions that are not unfitting for military service. A complete copy of the BCMR Medical Consultant evaluation is attached at Exhibit C. HQ AFPC/DPPD states the medical disability evaluation system is used to determine if the servicemember’s medical condition renders him fit or unfit for continued military service. They further state that under military disability laws and policy, the boards...

  • AF | BCMR | CY2002 | 0102822

    Original file (0102822.doc) Auto-classification: Denied

    The BCMR Medical Consultant evaluation is at Exhibit C. AFPC/DPPD recommends the application be denied. The AFPC/DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Complete copies of the Air Force evaluations were forwarded to the applicant on 15 February 2002, for review and response. Whereas, the Air Force rates a member's disability at the time of separation.

  • AF | BCMR | CY1998 | 9603128

    Original file (9603128.pdf) Auto-classification: Denied

    .The 'appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). The medical record clearly shows that while the applicant may have been treated for various medical conditions while on active duty, none were serious enough to render him unfit for further military service under the provisions of disability law and policy. RECOMMENDATION: The Medical Consultant is of the opinion that no change...

  • AF | BCMR | CY2001 | 0002223

    Original file (0002223.doc) Auto-classification: Denied

    APPLICANT CONTENDS THAT: At the time of his retirement, the Air Force should have diagnosed him with diverticulitis. The applicant has not provided any evidence that he was unfit due to a physical disability at the time of his voluntary retirement. Under military disability laws and policy, USAF disability boards can only rate medical conditions based upon the member’s situation at the time of his or her evaluation.

  • AF | BCMR | CY1998 | 9603322

    Original file (9603322.pdf) Auto-classification: Denied

    Following discharge from the service, he has received disability compensation from the DVA and bases his request for records correction on this fact. Evidence of record established beyond all reasonable doubt that the applicant was medically qualified for continued active duty, that the reason for his separation was proper, and that no error or injustice occurred in this case. 2 A copy of the Air Force evaluation is attached at Exhibit C. The Chief, Disability Operations Branch, USAF...

  • AF | BCMR | CY1997 | 9602129

    Original file (9602129.pdf) Auto-classification: Denied

    The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C) . Available Master Personnel Records C. Advisory Opinions D. E. Applicant's Response AFBCMR Ltr Forwarding Advisory Opinions 10 ADr 97 Memorandum for the AFBCMR From: BCMR Medical Consultant 1535 Command Drive, EE Wing, 3rd Floor Andrews AFB MD 20762-7002 Subject: Application for Correction of Military Records Applicant's entire case...

  • AF | BCMR | CY1998 | 9703556

    Original file (9703556.pdf) Auto-classification: Denied

    AIR FORCE EVALUATION: The Chief Medical Consultant, AFBCMR, reviewed this application and states that evidence of record and medical examinations prior to separation indicate the applicant was fit and medically qualified for continued military service or appropriate separation and did not have any physical or mental' condition which would have warranted consideration under the provisions of AFI 36-3212. This, obviously, did not apply to the applicant, as he had been found fit to return to...