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AF | BCMR | CY2003 | BC-2002-03318
Original file (BC-2002-03318.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03318
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His disability discharge with severance pay at  10  percent  be  changed  to
reflect that he was medically retired with a 30 percent disability rating.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He became ill while in Basic Military Training.  He was told that he  had  a
virus and to let his body  fight  it  off.   He  was  later  diagnosed  with
eosiniphillic fasciitis, IGM nephropathy, and  localized  morphea.   He  was
told that the condition was the result  of  being  sick  while  being  under
physical stress, combined with the immunization shots  he  received  and  an
untreated strep infection.  His illness makes ordinary activities  of  daily
living a challenge.  His illness prevented him from doing  his  job  on  the
flight line.

He faxed a rebuttal to the Formal Physical Evaluation Board (FPEB)  findings
to his lawyer, but his fax did not arrive and his case was  closed.   He  is
asking for 30 percent disability  so  that  he  can  go  to  school  and  be
retrained for a different career.  His close proximity to an Air Force  base
would allow him use of base exchange facilities and access  to  the  gym  to
further his physical therapy.

In support of his request, applicant provided a personal statement;  his  AF
Form 100, Request and  Authorization  for  Separation;  his  DD  Forms  214,
Certificate of Release or Discharge from  Active  Duty;  and  a  copy  of  a
facsimile cover sheet.  His complete submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted  in  the  Regular  Air  Force  on  25  Sep  01.   He  was
progressively promoted to the grade of airman first  class,  having  assumed
that grade effective and with a date of rank  of  9  Nov  01.   An  MEB  was
convened on 9  Jul  02  and  referred  his  case  to  an  Informal  Physical
Evaluation  Board  (IPEB)  with  a  diagnosis  of  Eosinophilic   Fasciitis,
Generalized Morphea, and IgM Nephropathy.  On 17 Jul 02,the IPEB  found  him
unfit for further military service based  on  a  diagnosis  of  Eosinophilic
Fasciitis  associated  with  Morphea  and  Schlerodermoid  and   Generalized
Morphea - EPTS without service aggravation, and IgM Nephropathy.   The  IPEB
recommended  that  he  be  discharged  from  the  Air  Force  with  an  EPTS
condition.  The  applicant  disagreed  with  the  findings  and  recommended
disposition of the IPEB.  On 26 Aug 02, the FPEB  reviewed  the  applicant's
case and found him unfit for further military service with  a  diagnosis  of
Eosinophilic  Fasciitis  associated  with  Morphea  and  Schlerodermoid  and
Generalized Morphea - incurred  in  the  line  of  duty  while  entitled  to
receive basic pay, and IgM Nephropathy.  The FPEB  recommended  that  he  be
discharged with severance pay with a compensable percentage of  10  percent.
The applicant disagreed with the findings  and  recommended  disposition  of
the FPEB and his case was forwarded  to  the  Secretary  of  the  Air  Force
Personnel Council for review.  Applicant's rebuttal  to  the  FPEB  findings
was not received by the Secretary of the Air Force Personnel Council  within
the prescribed time limits and the Personnel Council reviewed his  case  and
agreed with the findings and  recommended  disposition  of  the  FPEB.   The
applicant  was  discharged  from  the  Air  Force  on  10 Oct  02,  with   a
compensable disability rating of 10 percent.  He served 1 year and  16  days
on active duty

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends that the applicant be placed  on  the
Temporary Disability Retired  List  (TDRL)  with  a  30  percent  disability
rating.  The  Consultant  states  that  eosinophilic  fasciitis  is  a  rare
condition of unknown cause that is characterized  by  inflammation  of  skin
resulting with fibrosis of the affected  skin.   The  applicant's  condition
involved his arms and legs  and  produced  joint  contractures  of  mild  to
moderate degree.  His renal disease was considered  unrelated  to  his  skin
disease and was not unfitting for continued duty.  The physical  limitations
exhibited appeared to have been related  to  limited  joint  motion  of  the
wrist and elbows, mildly decreased  grip  strength  and  decreased  stamina.
The FPEB assigned the disability  rating  using  the  analogous  VASRD  code
6350/6399 under systemic lupus erythematosos/systemic  autoimmune  diseases.
However, the applicant has a disease characterized by fibrosis of  the  skin
and classified closely with the disease called  schleroderma.   The  use  of
VASRD code 7821 "Cutaneous manifestations of collagen-vascular diseases  not
listed elsewhere  appears"  to  be  more  appropriate.   This  code  assigns
disability rating based on percent of body surface and use  of  medications.
The applicant would appear to have somewhat more  than  20  percent  of  his
body surface area involved and  a  requirement  for  corticosteroids  on  an
intermittent basis.   This  degree  of  involvement  correlates  with  a  30
percent rating.  The FPEB, having the benefit of  seeing  the  applicant  in
person assigned a 10 percent rating based on their global impression of  his
functional ability.  Since the course of this  disease  is  not  predictable
and may either improve substantially  or  persist,  the  Medical  Consultant
believes that his condition is both not stable and  of  sufficient  severity
to warrant further observation prior to assigning a permanent  rating.   The
Medical Consultant evaluation is at Exhibit C.

AFPC/DPPD recommends denial of the applicant's request.   DPPD  states  that
having reviewed the recommendation of  the  BCMR  Medical  Consultant,  they
forwarded the case  file  to  the  PEB  for  another  assessment.   The  PEB
determined that the applicant's medical condition, which is triggered  by  a
Group A Beta Hemolytic Strep Throat, is  best  described  as  an  autoimmune
response.  Most undifferentiated autoimmune diseases have in the  past  been
analogized to Lupus Erythematosis by consensus of the DoD medical  personnel
comprising of three services.  The Associate Professor in the Department  of
Rheumatology and the University  of  Oklahoma  states  in  her  consultation
letter to the FPEB that she did not feel his condition  represented  a  form
of Scleroderma, but if it were Scleroderma then the condition  would  likely
be considered as Existing Prior to Service (EPTS).  If  the  VASRD  code  is
substituted, as the  Medical  Consultant  is  suggesting,  then  the  IPEB's
original decision should be reinstated and his disability severance  pay  be
recouped since it was paid for an EPTS condition.

DPPD states that the applicant was treated  fairly  through  the  disability
evaluation process and  he  was  properly  rated  under  Federal  disability
guidelines.  The DPPD evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  7
Mar 03 for review and comment within 30 days.  As of this date, this  office
has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice that would warrant corrective  action.   The
applicant was  considered  by  the  disability  evaluation  system  and  was
diagnosed with  eosinophilic  fasciitis  and  subsequently  discharged  with
severance pay.  The BCMR Medical Consultant has opined that the  applicant's
condition is more closely classified with fibrosis  of  the  skin  and  that
VASRD code of 7821, rather than VASRD code 6350/6389,  appears  to  be  more
appropriate in this case.  After  a  thorough  review  of  the  evidence  of
record, we are inclined to agree  with  the  Medical  Consultant's  opinion,
since the course of the applicant's condition appears  to  be  unstable  and
unpredicatable.  It is our opinion that placing the applicant  on  the  TDRL
at the recommended disability rating of 30 percent with  further  evaluation
is the most reasonable resolution in this case.  Accordingly,  we  recommend
his records be corrected to the extent indicated below.  We  note  that  the
Physical Evaluation Board indicates that  substitution  of  the  VASRD  code
would  require  recoupment  of  the  applicant's  severance  pay;   however,
payments received while on the  TDRL  would  be  offset  by  monies  he  has
already received and therefore, recoupment will not be necessary.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that he was  not  discharged  from  active
duty with entitlement to severance  pay  on  10  October  2002,  but  on  11
October 2002 his name was placed on the Temporary  Disability  Retired  List
with a diagnosis of cutaneous manifestations of  collagen-vascular  diseases
not listed elsewhere, with a VASRD code of 7821, and  a  compensable  rating
of 30 percent.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-03318
in Executive Session on 6 May 03, under the provisions of AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Mr. Vaughn Schlunz, Member
      Ms. Mary J. Johnson, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 30 Dec 02.
    Exhibit D.  Letter, AFPC/DPPD, dated 27 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 7 Mar 03.




                             ROSCOE HINTON, JR.
                                             Panel Chair
AFBCMR BC-2002-03318




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that he was not discharged from
active duty with entitlement to severance pay on 10 October 2002, but on 11
October 2002 his name was placed on the Temporary Disability Retired List
with a diagnosis of cutaneous manifestations of collagen-vascular diseases
not listed elsewhere, with a VASRD code of 7821, and a compensable rating
of 30 percent.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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