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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