RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-003-00058
INDEX CODE: 112.05
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
His disability pay that he was receiving at the time of his discharge be
restarted.
___________________________________________________________________
APPLICANT CONTENDS THAT:
When he was discharged from the service he was given a 10% disability
rating due to malaria and drew $11.20 a month for two years. He was called
to Nashville, TN for a medical examination, but due to financial problems
and length of travel from his home to Nashville, he could not afford to go
and his pension was terminated. He has continued to have weak spells,
occasional yellow skin, and have had three different heart surgeries that
he has been told was probably contributed to the malaria. He also has had
a problem with hearing and he had a ruptured ear drum during a flight tour.
In support of his application, he submits a personal statement, a copy of
his Certification of Military Service.
The applicant's complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 16 August 1943 and served as an
aircraft radio mechanic in Italy and Southern France. While in Italy he
was diagnosed with malaria. Hospital records indicate he was
hospitalized in Brindisi, Italy from 13 thru 27 October 1944 and
discharged with a diagnosis listed as "Malaria Fever, clinical,
manifested by repeated chills and fever, negative blood smears, response
to quinine", and was returned to duty. He was honorably discharged on 6
October 1945 at the convenience of the government after 1 year, 8 months,
and 23 days of active service. At the time of his discharge examination,
there was no condition that rendered him unfit for continued service or
required evaluation in the disability system. Subsequent to his
discharge from the military, it appears that the Department of Veterans
Affairs (DVA) initially granted him a 10% disability rating for service-
connected malaria. He underwent a DVA medical examination on 18 December
1946 that reported he had experienced recurrent symptoms diagnosed as
recurrent malaria by his private physician and treated with Atabrine. At
the time of the examination he had no medical complaints, and the
laboratory tests were negative for malaria and he was assigned a non-
compensable rating (zero). His claims for service-connected compensation
from the DVA for weak spells, yellow skin, heart surgery, and hearing
loss due to the malaria have been repeatedly denied.
___________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states that the applicant has provided no medical documentation that shows
any evidence which supports his contention. His hearing loss developed 40
years after discharge and is not related to malaria while in the service.
He had a perforated left eardrum that was documented as healed at the time
of discharge and his hearing was documented as normal. His heart disease
is not documented but likely to be atherosclerotic coronary artery disease,
unrelated to a history of malaria. He provides no medical documentation of
evaluations of his reported episodes of weak spells and yellow skin but it
is highly unlikely to represent active malarial infection especially with
prior treatments with quinine and quinacrine. One species of malaria has
been reported to persist over 40 years in an asymptomatic, untreated
individual. This species is effectively treated with quinine and
quinacrine and it is highly unlikely the applicant has persistent infection
after several courses of treatment he received. The applicant had no
medical condition at the time of his separation from the military that
warranted evaluation in the Air Force disability system. The BCMR Medical
Consultant's evaluation is at Exhibit C.
AFPC/DPPD recommends denial. DPPD found no reasons why his records should
be corrected to show his eligibility for VA compensation following his
discharge. The matter is not within the realm of their responsibility and
jurisdiction and recommends the applicant contact his local DVA
representative to try to resolve the issue. AFPC/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 1
August 2003 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 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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we do not
find his uncorroborated assertions sufficiently persuasive to override the
rationale provided by the Air Force. We see no evidence, which would lead
us to believe that at the time of his separation, a physical condition
existed that would have disqualified him from worldwide military service.
Therefore, we see no reason why he would have been eligible for
consideration in the disability evaluation system. We agree with the
opinions and recommendation of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice. In
the absence of persuasive evidence to the contrary, we find no 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 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 AFBCMR Docket Number BC-2003-
00058 in Executive Session on 3 Sep 03, under the provisions of AFI 36-
2603:
Ms. Brenda L. Romine, Panel Chair
Mr. James W. Russell III, Member
Mr. Jackson A. Hauslein, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Dec 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 19 Jun 03.
Exhibit D. Letter, AFPC/DPPD, dated 24 Jul 03.
Exhibit E. Letter, SAF/MRBR, dated 1 Aug 03.
BRENDA L. ROMINE
Panel Chair
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