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AF | BCMR | CY2003 | BC-2003-00058
Original file (BC-2003-00058.doc) Auto-classification: Denied

                            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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