RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


 IN THE MATTER OF:     DOCKET NUMBER: BC 2002-00313

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that on 31 January 1960, he was retired  by
reason of physical disability, rated  at  100%,  with  retroactive  pay  and
benefits.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His exposure to ionizing radiation during atmospheric nuclear  bomb  testing
has resulted in his numerous health problems.

The applicant states that on 5 September 1955,  he  was  hurt  in  Judo  and
should never have been made an instructor, knowing that it would  be  double
work.  He was diagnosed with  Spondylolisthesis,  permanently  excused  from
Judo, and returned to flying status.  While flying  combat  in  a  B-29,  he
fell out of the forward bomb bay and badly sprained both of his ankles.   In
1956 and 1957, he was a B-36 crewmember and performing duties that  included
flying  through  nuclear  mushroom  clouds.   During  this  period   several
officers and airmen were not physically able to fly but no one  was  excused
because there was a war that could start at any hour  and  the  plane  could
not leave without them.  As a result of his exposure, he has a sensory  loss
along the outer surface of his right foot and lower leg.

In support of the appeal, the applicant submits various newspaper  articles,
extracts from his DVA records, and a  statement  from  a  fellow  crewmember
stating that he recalls flying several missions over  and  in  the  mushroom
clouds over the atomic test site in Nevada.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________




STATEMENT OF FACTS:

On 2 May 1950, the applicant enlisted in the Regular Air Force for a  period
of four years.   He  was  progressively  promoted  to  the  grade  of  staff
sergeant.

He was assigned to the XXth Bombardment  Squadron,  XXth  Bombardment  Wing,
Carswell  AFB,  Texas,   as   a   B-36   Airborne   Radio   and   Electronic
Countermeasures Operator Technician, from 10  February  1954  to  6 December
1957.

From 18 February to 10 June 1955 and 28 May to 22 October 1957,  atmospheric
nuclear tests were performed at the Nevada test site.

On 7 March 1958, a Medical Evaluation  Board  (MEB)  convened  to  determine
whether the applicant should be continued on active duty because of  chronic
low back pain.  Based on the  diagnoses  of  Spondylolisthesis  and  anxiety
reaction, they determined  he  was  physically  unfit  for  active  military
service and referred him to a Physical Evaluation Board (PEB).

On 1 May and 25 July 1958, a PEB convened and  based  on  the  diagnosis  of
Spondylolisthesis,  VASRD  5299-5295-5294,  rated  at   20%,   and   anxiety
reaction, VASRD 9105-9101, rated at 10%,  for  a  combined  rating  of  28%,
recommended he be retained on the Temporary Disability Retired  List  (TDRL)
with a 30% rating.

He underwent TDRL reevaluation  on  30  November  1959,  and  based  on  the
diagnoses of Spondylolisthesis, VASRD 5299-5295, rated at 20%,  and  anxiety
reaction, VASRD 9105-9101, rated at 0%, recommended he be removed  from  the
TDRL and disability discharged with severance pay (20%).  The applicant  and
the Physical Review Council concurred with the PEB recommendation.

On 31 January 1960, he was removed from the TDRL  and  honorably  discharged
with severance pay (20%) ($5280.00).  He completed 10 years, 10 months,  and
26 days of active service.

In a letter, dated 30 September 1998, the  Defense  Special  Weapons  Agency
indicated that while the applicant was airborne at the same time as  nuclear
testing on two occasions, his aircraft was not listed  as  participating  in
the atmospheric tests and no dosimetry records were found to  indicate  that
he was exposed to radiation.

_________________________________________________________________








AIR FORCE EVALUATIONS:

The BCMR Medical Consultant is of the opinion that no change in the  records
is warranted, and states, in part, the following:

      a.    Since his discharge, the Department of  Veterans  Affairs  (DVA)
has compensated the applicant for low  back  pain  at  the  same  disability
rating level that the Air Force applied.

      b.    While he contends his  exposure  to  ionizing  radiation  during
atmospheric nuclear testing at the Nevada test site resulted in all  of  his
medical problems, official Air Force records cannot confirm whether  and  to
what degree the applicant was exposed to  ionizing  radiation.   However,  a
2002 DVA evaluation through the Ionizing Radiation  Registry  (IRR)  Program
concluded that his medical  problems  are  not  related  to  prior  ionizing
radiation exposure.

      c.    He has not developed any  disease  the  DVA  has  identified  as
potentially related to radiation exposure.

       d.     Peripheral  neuropathy,  reflex  sympathetic   dystrophy   and
atherosclerotic coronary  artery  disease  are  not  recognized  effects  of
ionizing radiation exposure.

      e.    There is no evidence to support a higher  disability  rating  of
the time of his discharge.

      f.     The  action  and  disposition  of  his  case  were  proper  and
equitable reflecting compliance with Air  Force  directives  that  implement
the law.

The BCMR Medical Consultant evaluation is at Exhibit C.

AFPC/DPPD recommends the application be denied  and  states  that  they  are
unaware of any reasons why his  records  should  be  corrected  to  show  an
increase in his disability rating which would qualify him for  a  disability
retirement.  The fact  that  the  DVA  rated  his  back  pain  for  such  an
extensive period of time with the same disability percentage  as  the  PEB’s
assessment, leads them to believe the evaluation was accurate  at  the  time
of the MEB.

The AFPC/DPPD evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The applicant states that during the nuclear testing he was ordered  to  fly
through the nuclear mushroom cloud to determine what effect  it  would  have
on humans and aircraft.  Upon landing, he  had  nausea  and  vomiting  which
eventually subsided and he was able to go several years before he  began  to
have severe neuropathy secondary to radiation damage.   He  repeatedly  told
the flight surgeons that he had a bad heart; however, they would not  ground
him until over two years later and his physical condition was the same.

In cases such as his, when there is an approximate balance of  positive  and
negative evidence regarding any issue material  to  the  determination,  the
Secretary shall give the benefit of the doubt to the claimant.

His medical records document that he had a 99% blockage in his  artery  that
had to be there for at least the last forty years, which would date back  to
his B-36 days when he was  with  his  Lead  Crew  Eleven,  XXth  Bombardment
Squadron, XXth Bombardment Wing, at Carswell AFB, Texas.

He recently underwent a myocardial scan and unknown to him at the time,  his
body was injected with a radioactive dye.  As a result, he had  a  reaction.
The doctors questioned him as  to  whether  he  had  ever  been  exposed  to
ionizing radiation in the past, to which he replied yes.  Based on this,  it
is obvious that his body is completely saturated with ionizing radiation.

In further support of the appeal, the applicant submits  extracts  from  his
DVA records.

The applicant’s complete responses, with attachments, are at Exhibits D,  G,
H, I, K and L.

_________________________________________________________________

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 error or injustice.  After thoroughly review  the  evidence  of
record and noting the applicant’s contentions, we  are  not  persuaded  that
relief should be granted.  The applicant contends that exposure to  ionizing
radiation during atmospheric  nuclear  bomb  testing  has  resulted  in  his
numerous health problems; however, he provides no evidence to indicate  that
his medical problems are related to his  exposure.   While  it  does  appear
that he was exposed to ionizing radiation during  atmospheric  nuclear  bomb
testing, we find no causal linkage  to  his  spondylolisthesis  and  anxiety
reaction.   Furthermore,  a  2002  DVA  evaluation  through   the   Ionizing
Radiation Registry (IRR) Program concluded, among  other  things,  that  his
medical problems were not related to prior ionizing radiation  exposure  and
that he had not developed any disease the DVA had identified as  potentially
related  to  radiation  exposure.   The  personal  sacrifice  the  applicant
endured for his country is noted and our decision in no way  diminishes  the
high regard we have for his service; however, he has failed to  sustain  his
burden that he has suffered either an error  or  an  injustice.   Hence,  we
find no compelling basis to recommend granting the relief sought.

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 issues 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 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  Docket  Number  BC-2002-00313
in Executive Session on 10 April 2003, under the provisions of AFI 36-2603:

                       Ms. Olga M. Crerar, Panel Chair
                       Ms. Cheryl Jacobson, Member
                       Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 26 Nov 02.
    Exhibit D.  Letter, Applicant, dated 5 Jan 03.
    Exhibit E.  Letter, AFPC/DPPD, dated 17 Jan 03.
    Exhibit F.  Letter, SAF/MRBR, dated 24 Jan 03.
    Exhibit G.  Letter, Applicant, undated, w/atchs.
    Exhibit H.  Letter, Applicant, dated 31 Jan 03, w/atchs.
    Exhibit I.  Letter, Applicant, dated 20 Feb 03.
    Exhibit J.  Letter, AFBCMR, dated 5 Mar 03.
    Exhibit K.  Letter, Applicant, dated 5 Mar 03, w/atchs.
    Exhibit L.  Letter, Applicant, dated 31 Mar 03, w/atch.




                                   OLGA M. CRERAR
                                   Panel Chair