RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00639
            INDEX NUMBER:  145.00
      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be made eligible to receive Disability Service Pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he joined the Air Force, he was in very  good  health  and  later
became ill while serving.  He was discharged from the hospital  on  22
May 56 with a physical disability of severe internal bleeding.  He was
concerned about his future health in civilian life, but was told  once
he left the Air Force, he was not entitled to any  further  help.   He
believes that he was  wrongly  denied  medical  assistance  and  basic
compensation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 24  Jun  55  and
within two weeks developed recurring symptoms of bloody  diarrhea  and
abdominal pain subsequently diagnosed as ulcerative colitis in Jan 56.
 In Mar 56, he was admitted to  the  hospital  for  evaluation  and  a
recommendation made to return him to civilian life.  The applicant was
referred to a medical evaluation board (MEB) that determined that  the
applicant was incapacitated for further military  service  because  of
recurrent, bloody diarrhea.  It was recommended that he appear  before
a Physical Evaluation Board (PEB).  On 30 Apr 56,  applicant  appeared
before a PEB.  The PEB determined that the applicant was unfit and his
disability might  be  permanent  and  was  not  compensable.   He  was
diagnosed with  colitis,  ulcerative,  universal,  moderate,  slightly
improved, with infrequent exacerbations.  The disability was rated  at
10 percent and considered to  have  existed  prior  to  service.   The
applicant did not concur with  the  PEB  finding  that  his  condition
existed prior to service  and  submitted  a  rebuttal.   The  Physical
Review Council concurred with the PEB and recommended to the Secretary
of the Air Force Personnel Council that  the  applicant  be  separated
without disability severance  pay.   The  applicant  was  subsequently
discharged on 22 May 56 under the authority of Air Force  Manual  35-4
for physical disability that existed prior to service.

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AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial  of  the  applicant’s
request.  The applicant developed symptoms of ulcerative colitis while
in basic military training and was discharged without compensation for
a chronic medical  condition  that  existed  prior  to  service.   The
applicant claimed that he did not have any symptoms of his  ulcerative
colitis prior to  entering  active  duty.   Ulcerative  colitis  is  a
chronic  inflammatory  disease  of  the  colon  that  usually  has  an
insidious onset but may present abruptly.  The PEB concluded that  the
applicant’s ulcerative colitis existed prior  to  service  because  it
manifested so close to the date that he entered active duty  that  the
disease could not have originated in so short  a  period.   Later  DoD
disability policy was  clarified  to  state:  “Signs  or  symptoms  of
chronic disease identified so soon after the day of entry on  Military
Service (usually within 180 days) that  the  disease  could  not  have
originated in that short a period will be accepted as proof  that  the
disease manifested prior to entrance into Military  Service”  (current
DoDI 1332.38).  Had the PEB concluded that the  applicant’s  condition
did not exist prior to entering service, the applicant would have been
discharged with severance pay at 10%.  He would not  have  received  a
disability retirement.

The complete evaluation is at Exhibit C.

AFPC/DPPD recommends denial of  the  applicant’s  request.   Following
their assessment, they  determined  that  the  applicant  was  treated
fairly throughout the Air Force disability evaluation process.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In  response  to  the  Air  Force  evaluations,  the  applicant  again
reiterates that upon entering the military, he was in good health.  He
completed basic training  with  no  health  problems  whatsoever.   He
states that the statements in the BCMR Medical Consultant’s evaluation
that he had already experienced symptoms  of  ulcerative  colitis  are
untrue and unfounded.  He was not treated for ulcerative  colitis  two
weeks into basic training as stated in the Memorandum.

It is his understanding, based upon  the  diagnosis  of  military  and
private sector physicians,  that  the  actual  determination  of  when
ulcerative colitis begins or ends cannot be accurately diagnosed.   In
fact, he has been led to believe that a complete cure  for  ulcerative
colitis is not available.  Based on these issues, he finds it hard  to
believe that his condition of ulcerative colitis  was  a  pre-existing
health condition simply because symptoms began to  present  themselves
months after he entered the Air Force.

The applicant’s complete response 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  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  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.  We note the  applicant’s  assertions
that statements made about when he developed  Ulcerative  Colitis  are
incorrect.  However, his  records  clearly  show  that  this  was  the
determination made at the time of his PEB and that his  nonconcurrence
with the PEB findings was considered before the final adjudication  of
his case.  Other than his own assertions,  he  has  not  provided  any
credible evidence that warrants an overturn of a decision made over 47
years ago.  Therefore, in the absence of evidence to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

_______________________________________________________________

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-2003-
00639 in Executive Session on 20 August 2003, under the provisions  of
AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Ms. Leslie Abbott, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant,
                dated 2 Jun 03.
    Exhibit D.  Memorandum, AFPC/DPPD, dated 18 Jun 03.
    Exhibit E.  Letter, SAF/MRBR, dated 20 Jun 03.
    Exhibit F.  Letter, Applicant, dated 28 Jun 03.




                                   OLGA M. CRERAR
                                   Panel Chair