RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2003-01923
                 INDEX CODE:  110.02, 108.10
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His voluntary discharge be changed to a disability retirement.

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APPLICANT CONTENDS THAT:

After the USAF medical examination that terminated his Temporary  Disability
Retirement List (TDRL) status, he was given the option to return  to  active
duty with a profile or to separate from the Air  Force.   He  chose  release
from active duty because he had obtained a job in  the  Federal  Government.
At the time of his release from active duty,  he  had  no  idea  that  there
would be latent medical problems that would appear many years later  as  the
result of  having  received  radiation  therapy  for  the  service-connected
Hodgkin's Lymphoma.

In support of his appeal, the applicant provides copies of  medical  records
from the Department of Veteran Affairs (DVA), photos,  and  other  documents
extracted from his military records.

His complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force on 14 September 1972,  and
served as a Medical Administration Specialist.  In  February  1975,  he  was
diagnosed with Hodgkin's  disease  (cancer  of  the  lymph  nodes)  and  was
treated with removal of his spleen and  radiation  therapy  in  April  1975,
leading to remission of  his  lymphoma.   During  treatment  he  experienced
radiation induced lung inflammation and an  episode  of  shingles,  both  of
which  were  resolved.   In  January  1976,  he   was   diagnosed   with   a
polyneuropathy felt consistent with the  Guillain  Barre  Syndrome  possibly
related to a viral upper respiratory  tract  infection  that  he  experience
several weeks before.  His weakness progressed to the point of  requiring  a
mechanical respirator to assist with breathing.  He partially recovered  and
was off the ventilator after  nine  days.   He  did  not  show  satisfactory
recovery and a Medical Evaluation Board (MEB) was initiated in  April  1976.
On 30 June 1976, the Physical Evaluation Board (PEB) placed him on the  TDRL
at 100% due to his  neurological  disease.   Through  two  TDRL  periods  he
showed gradual  improvement  and  in  August  1977,  he  was  said  to  have
completely recovered from the Guillain Barre Syndrome.

The February 1979, TDRL evaluation showed his Hodgkin's  Disease  was  still
in remission and he had recovered from  his  Guillain  Barre  Syndrome  with
only minimal evidence of any residual weakness.  His  chest  x-ray  reported
as normal showed no evidence of lymphoma or lung abnormality.  On  18  April
1979, the PEB determined he was fit for duty and  recommended  removal  from
the TDRL.  On 8 May 1979, he concurred with the  findings  of  the  PEB  and
signed AF Form 188, indicating that he did not desire  reenlistment  in  the
Air Force.  He was removed from the TDRL and honorably discharged  effective
5 June 1979.  He was credited with 3 years, 10 months, and 18 days of  total
active military service.

A DVA Rating Decision dated 13 August 2003, denied his claim for  individual
unemployability because he had not provided employment information.  He  was
given a combined  service  connected  disability  rating  of  70%  for  post
operative residuals, splenectomy rated at 30%; inflammatory  airway  disease
associated with Hodgkin's Disease rated at 30%; Hypothyroidism rated at  10%
30%; Guillain Barre Syndrome with reduced pulmonary function rated  at  10%;
Hodgkin's Disease rated at 0%; Residuals of tracheal scarring rated  at  0%;
and Basal Cell Carcinomas rated at 0%.   His  coronary  artery  disease  and
anemia were not granted service connection.

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AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states that during the 2-1/2 years the applicant was on the TDRL, he  showed
no  evidence  of  recurrence  of  his  cancer  and   recovered   essentially
completely from his neurological disorder and was found  fit  to  return  to
duty by the PEB.   As  was  his  option,  he  declined  the  opportunity  to
reenlist and return to active duty.  Twenty  years  later,  he  developed  a
number of conditions associated with his prior radiation  therapy  including
hypothyroidism,  lung  disease,  and  basal  cell  skin  cancer.   Hodgkin's
lymphoma patients treated with radiation therapy are also at increased  risk
for the development of coronary artery  disease.   He  contends  that  these
service  connected  medical  conditions  developing  many  years  after  his
discharge entitle him to retroactive military disability retirement.

The DVA is  chartered  to  offer  compensation  and  care  to  all  eligible
veterans for any service connected  disease  or  injury  without  regard  to
whether it was unfitting for continued military service.  The  DVA  is  also
empowered to reevaluate veterans periodically for the  purpose  of  changing
their disability awards if their level of impairment varies over time.

The applicant was fit for military service at  the  time  of  his  permanent
disability determination.  He voluntarily  declined  reenlistment.   In  the
decades following his discharge, he developed medical  problems  related  to
his medical condition while on active duty and  has  been  properly  granted
service-connected benefits by the DVA.  Therefore, no change in the  records
is warranted.

The BCMR Medical Consultant's complete advisory is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he elected not to reenlist because he  was  forced  to
find work while he was on  the  TDRL.   When  the  DVA  adjudicated  him  he
received approximately $2,400 a month, but when he  informed  them  that  he
was recovering, the DVA reduced his compensation  to  about  $500  a  month.
This forced him to find employment as an Army civilian  employee.   Although
the service and DVA disability systems are complementary  and  not  intended
to be  duplicative,  the  DVA  has  no  benefit  of  military  exchange  and
commissary privileges.  If the AFBCMR is not willing to grant  his  request,
then the applicant asks that  consideration  be  given  to  authorizing  him
exchange privileges.  The evaluator notes that the radiation  therapy  cured
his lymphoma.  He had a best friend whose lymphoma was  successfully  cured,
but died of a treatment-related leukemia a few years later.

In support of his request, applicant provided a  personal  statement  and  a
synopsis of his  medical  conditions  and  the  medical  treatments  he  has
endured.  His complete submission, with attachments, is at Exhibit E.

_________________________________________________________________

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 reviewing  the  available
evidence of record and the applicant's submission, it appears that while  he
was on  the  TDRL  his  conditions  improved  to  the  point  where  it  was
determined that he could  be  returned  to  duty.   However,  the  applicant
elected not to reenlist.  The applicant has not submitted  any  material  or
documentation to show he was unfit under the  provisions  of  military  laws
and policy at  the  time  of  final  disposition  of  his  case.   Since  no
disqualifying medical conditions existed at the time, we see no  reason  why
he would have been eligible for  a  disability  retirement.   Therefore,  we
agree with the BCMR Medical Consultant that  the  applicant's  removal  from
the TDRL was proper based on his condition at  the  time  and  he  has  been
properly evaluated and granted service-connected benefits by the DVA,  which
was chartered by law to rate conditions at the time of  future  evaluations.
With respect to his request that he be granted  exchange  privileges,  since
we find no evidence of an error or injustice  that  would  warrant  granting
the   applicant's   request   for   a   disability   retirement,   favorable
consideration of his request for exchange privileges is  not  warranted.  In
the absence of persuasive 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 AFBCMR Docket Number  BC-2003-
01923 in Executive Session on 16 Mar 04, under the  provisions  of  AFI  36-
2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. James W. Russell III, Member
      Mr. James A. Wolfe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 9 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Feb 04.
    Exhibit E.  Letter, Applicant, dated 23 Feb 04.




                                   OLGA M. CRERAR
                                   Panel Chair