RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NO:  01-02541
                             INDEX CODE:  108.00

                                  COUNSEL:  NONE

                                  HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS:

Retroactive  disability  benefits;  Reserve  retirement  benefits  now
rather than when he turns 60 years old; and, retroactive  compensation
for his pain  and  suffering,  to  include  loss  of  leave  from  his
Department of Defense employment.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His military retirement records and  benefits  should  be  reevaluated
based on his diagnosis and treatment for cancer, which  resulted  from
an injury sustained while on active duty.

In support of his request, the applicant submits a personal statement,
copies of both his military and civilian  medical  records,  a  letter
from his physician, a  copy  of  a  Line  of  Duty  Injury  Report  of
Investigation and additional  documents  associated  with  the  issues
cited in his contentions.  The applicant’s complete  submission,  with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 7 Nov 95, the applicant was involuntarily relieved from his Reserve
assignment in the Reserve grade of master sergeant (E-7) and  assigned
to the Retired Reserve Section and his name was  placed  on  the  USAF
Reserve Retired List, effective 29 Dec 95.  The reason for this action
was that he was being retired under the Reserve Transition  Assistance
Program (RTAP), having 20 or more years of satisfactory service.   The
applicant was eligible for Reservist  Special  Separation  Pay  (RSSP)
because he was involuntarily separated from the selected Reserve  with
20 plus years of service.  He had completed a total of  26  years,  10
months and 10 days of satisfactory service.

The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are  contained  in  the  letter
prepared by the appropriate offices of the Air Force at Exhibits C and
D.
_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant recommends the  application  be  denied.
The AFBCMR Medical Consultant stated that the applicant was placed  on
the Retired Reserve List at age 45, eligible to begin retired  pay  at
age 60, which will be in 2010.   In  May  92,  while  on  active  duty
orders, the applicant sustained an abrasion injury of his  left  lower
leg when a pallet he  and  others  were  moving  slipped  causing  the
injury.  It is clear  from  his  military  medical  records  that  the
applicant sustained an injury while on active duty orders, but  it  is
not at all clear that  this  was  the  cause  of  his  later-diagnosed
cutaneous  lymphoma.   Evidence  points  against  the  presence  of  a
cancerous growth during his active or  reserve  duty  years,  and  the
problem did not render him  unfit  for  performance  of  his  military
duties, thereby  rendering  his  request  for  retroactive  disability
benefits  unfounded.   That  a  firm  diagnosis  of  cancer  was   not
established for some 8 years after the injury and 4 years after  being
placed  on  the  Retired  Reserve  List  speaks  against  a  disabling
condition  for  which  disability   compensation   might   have   been
considered.  The uncertain connection between  the  injury  and  later
development of lymphoma makes the Department of Veterans Affairs (DVA)
decision of listing the applicant as a category  7  (lowest  priority)
patient understandable, as a direct tie between the cancer and the on-
duty injury is difficult to make.   The  AFBCMR  Medical  Consultant’s
evaluation is at Exhibit C.


HQ AFPC/DPPD recommends the application be denied.  DPPD  stated  that
the  mere  presence  of  a  physical  defect  or  condition  does  not
automatically qualify  an  individual  for  disability  retirement  or
separation.  The physical defect or conditions must render the service
member unfit for military duty.  A review of the applicant’s case file
does not correlate that a severe or grave  medical  condition  existed
during his periods of active service, which would have  precluded  him
from completing his military duties as a Reservist.  DPPD agrees  with
the medical aspects of this case as explained by  the  AFBCMR  Medical
Consultant.   The  applicant  has  not  submitted  any   material   or
documentation to show he was unfit due to a physical disability during
his periods of active duty service.  The HQ AFPC/DPPD evaluation is at
Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinions and  indicated  that,  at
the time his name was placed on the Retired Reserve List, his leg  was
still not healed and the last military doctor  he  saw  indicated  his
biopsies  were  returned  with  a  diagnosis  of   atypical   lymphoid
infiltrate; and, the recommendation was to have periodic biopsies as a
follow-up.  His current medical oncologist describes this as the “wait
and watch period” because it is obvious something is wrong  and  needs
to be watched closely.   As  it  turned  out,  his  lymphoma  was  not
diagnosed until Nov  99,  with  a  change  in  diagnosis  in  Jan  00.
Therefore, he feels he is still within a timely filing status.

He disputes the statement that, at age 14, he had  an  injury  to  the
back of his knee.  The injury at age 14 was to his groin.  He can  see
when Dr. F--‘s statement somewhat runs together, but it is  the  groin
lumps he is referring to, not a knee cyst.  There  was  nothing  wrong
with his leg before the injury and he has  had  nothing  but  problems
since the injury.  His lymphoma is in the exact areas as seen  in  the
diagrams on his military records.

As far as compensation, he is asking for compensation back to the date
that he was diagnosed with lymphoma and started treatments.   He  went
through a very long period of time where he  was  on  three  different
chemotherapy regemins,  multiple  biopsies,  radiation  therapy,  etc.
Even though he is now in remission, there is no guarantee how long  it
will last.

The applicant’s complete submission, with attachments, 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.  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.
However, we  agree  with  the  opinions  and  recommendations  of  the
respective Air Force offices and adopt their rationale  as  the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  Although the applicant sustained an injury of his
left  leg  while  on  active  duty  orders,  we  note  that   it   was
approximately eight years after the injury and four years after  being
placed on the Retired Reserve List before a firm diagnosis  of  cancer
was established.  While we noted the medical problems suffered by  the
applicant, no evidence has been submitted to show  he  was  physically
unfit to perform his military duties.  No evidence has  been  provided
to reflect that he was not treated fairly  and  properly  by  the  Air
Force and all procedures were followed.  We find no evidence  that  he
was, at the time of his separation, considered medically  disqualified
for continued military service or unfit to perform the duties  of  his
rank  and  office,  which  is,  by  law,  the  basis  for   disability
processing.  In view of the foregoing and absent  sufficient  evidence
to the contrary, we find no compelling basis 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  issue(s)   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 6 March 2002, under the  provisions  of  AFI  36-
2603:

                  Mr. Lawrence R. Leehy, Panel Chair
                  Mr. Mike Novel, Member
                  Mr. Thomas J. Topolski Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 Aug 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 6 Nov 01.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 30 Nov 01.
   Exhibit E.  Letter, SAF/MRBR, dated 7 Dec 01.
   Exhibit F.  Letter from applicant, undated, w/atchs.




                                   LAWRENCE R. LEEHY
                                   Panel Chair