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AF | BCMR | CY2001 | 0002795
Original file (0002795.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  00-02795
                 INDEX CODE:  112.05
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His honorable discharge in December 1992 be set aside, and he be awarded  a
disability retirement.
___________________________________________________________________

APPLICANT CONTENDS THAT:

He was infected with sarcoidosis while on active duty and should  have  been
medically retired.

In support of his application, he submits extracts from his  medical  record
(Exhibit A).
___________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air  Force
on 23 September 1981 for a period of six years.  In 1989 while on  active
duty in Iceland, he was  diagnosed  with  ocular  and  minimal  pulmonary
sarcoidosis.  He was presented to a Medical Evaluation Board (MEB) on  19
December 1989 and a determination  of  return  to  duty  was  made.   The
applicant  requested  an  early  release  from  active  duty  under   the
provisions of AFR 39-10.  He was released under  the  Special  Separation
Benefit (SSB) program and received a lump sum bonus  of  $28,959.53.   He
was discharged from the Regular Air Force on 31  December  1992  and  was
credited with eleven years,  three  months,  and  eight  days  of  active
federal military service.

The applicant immediately enlisted in the Air  Force  Reserve.   In  July
1998, while on a period of training, he received emergency  treatment  at
Keesler AFB for  his  underlying  sarcoidosis  disease.   He  received  a
ventriculo-peritoneal shunt required to  relieve  internal  hydrocephalus
resulting from neurosarcoidosis blockage of cerebrospinal fluid movement.
 Revision of the shunt was required at  later  dates.   Because  of  this
complication of the disease,  he  was  found  medically  disqualified  by
reason of “Multi-system sarcoidosis requiring a VP Shunt.”   On  15  June
2000, Air Force Reserve Command (AFRC) initiated administrative discharge
action against  the  applicant  for  failure  to  meet  Reserve  physical
requirements under the provisions of AFI 36-3209.  At  the  time  of  his
discharge from the Air Force Reserve, 8 August 2000, he was credited with
eleven years, ten months, and twenty-three days of Total  Active  Federal
Military Service (TAFMS) and a total of fifteen years, three  months  and
eight days of satisfactory Federal service.  The applicant  was  credited
with four years of satisfactory Federal service in the Reserve.

Effective 8 February 2001 the DVA has rated the applicant 30 percent  for
ocular sarcoidosis with uvetis and glaucoma, 10 percent for hydrocephalus
and 10 percent for right frontal lobe burr hole,  permitting  ventriculo-
peritoneal shunt directly due to SC disability.  The applicant received a
combined 50 percent evaluation for compensation.
___________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  indicates  that  the  applicant  had  a  known
diagnosis from his years of active duty, which remained quiescent  for  some
8 or 9 years before causing  significant  problems.   He  had  no  unfitting
condition while on active duty, but the finding of significant  neurological
involvement from the same disease a decade  later  cannot,  by  Reserve  and
Department of Defense (DOD)  regulations,  be  found  to  be  the  cause  of
disability unfitness unless very strict guidelines  are  met.   Even  though
the applicant was referred for emergency  surgery  during  a  Unit  Training
Assembly (UTA), the recurrence of the disease had been building  up  over  a
period of time prior to the UTA weekend, and, therefore, was  not  found  to
meet the criteria for disability system evaluation.   At  the  time  of  his
separation, had he completed 6 consecutive  satisfactory  years  of  Reserve
duty, he would have been eligible for transfer to the Retired Reserves  with
such a medical problem as the  cause  of  an  unfavorable  determination  of
fitness.

The Medical Consultant states that the evidence of record clearly  shows  no
error or injustice as far as the adherence  to  regulations  and  directives
and is of the opinion that no change in the  record  is  warranted  and  the
application should be denied (Exhibit C).

The Physical Disability Division, AFPC/DPPD, states  that  service-connected
medical conditions incurred, but not found unfitting while still  on  active
duty, are  not  compensated  under  Title  10,  United  states  Code  (USC);
however, under Title 38, USC, the DVA  may  compensate  veterans  for  these
conditions.  The DVA files indicate that the applicant’s  total  compensable
disability rating is 40 percent.  The ratings were  determined  effective  1
June 2000, some seven plus years following his  release  from  active  duty.
DPPD  indicates  that  the  member  has  not  submitted  any   material   or
documentation to show that he was improperly released from active  duty  and
later discharged from the Air Force Reserve for  failing  to  meet  physical
standards.  After a  thorough  review  of  the  case  file,  DPPD  finds  no
justification  that  the  member  should  be  awarded  either  a  disability
retirement or that his military records  should  be  corrected.   Therefore,
DPPD recommends the applicant’s request be denied (Exhibit D).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and response.  As of this date, this office has received no  response
(Exhibit E).

___________________________________________________________________

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.   We  took  notice   of   the
applicant's complete submission in judging the merits of  the  case  and  do
not find that it supports a determination that the applicant was  improperly
separated from  active  duty  in  1992.   The  applicant’s  medical  records
indicate that there were no unfitting conditions that would  disqualify  him
for worldwide military service at the time of his voluntary separation  from
active duty under the  Special  Separation  Benefit  (SSB)  Program.   Since
there were no unfitting medical conditions at the time  of  his  separation,
he would not be eligible for  consideration  in  the  disability  evaluation
system.  Therefore, 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 31 July 2001, under the provisions of AFI 36-2603:

      Mr. Thomas A. Roj, Panel Chair
      Ms. Nancy W. Drury, Member
      Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Oct 00, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  BCMR Letter, dated 12 Apr 01.
    Exhibit D.  AFPC/DPPD Letter, dated 14 May 01.
    Exhibit E.  Letter, SAF/MIBR, dated 25 May 01.




                                   JOSEPH A. ROJ
                                   Panel Chair

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