RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-02165
            INDEX CODE 110.02  108.03
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be granted a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time he was diagnosed with Type 1 Diabetes he was not granted a
medical discharge, just released. Due to diabetes complications, along
with  injuries  sustained  after  military  service,  he   faces   the
inevitable loss of both legs. He is currently disabled.

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


_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserve (USAFR) on 18 Oct  85.
He entered active duty on 3 Feb 86 and, after 1 year, 6 months and  12
days of active service, was released from active duty on 14 Aug 87  so
he could transfer to the Massachusetts Air National Guard (MA ANG). He
enlisted for four years on 2 Sep 87. On 17 Jun 88, he enlisted in  the
Connecticut (CT) ANG for four years. He was honorably discharged  from
the CT ANG on 6 Sep 89 and transferred to the USAFR.

Based on his Enlisted Performance Report (EPR) for the period 1 May 90
through 21 May 91, he was a  Reservist  assigned  to  the  919  Combat
Support Squadron at Eglin AFB, FL as a vehicle operator dispatcher  in
non-active duty status.

A 4 Feb 91 medical entry reports the applicant complained  of  thirst,
urinary frequency, fatigue and visual changes. Random glucose was 580.
He was diagnosed with diabetes and insulin was started.

A 9 Mar 91 medical entry notes the applicant was  a  newly  discovered
insulin-dependent diabetic. He was placed  on  a  3 profile,  allowing
participation in unit training assemblies (UTAs) or  annual  tours  at
the home duty station but not away from home station  pending  medical
evaluation.

In May 91, the applicant applied for reassignment to Westover AFB, MA.
In Jun 91, he was assigned to the 439 Combat Support Group at Westover
AFB, MA.

On 2 Jun 91, the applicant was given a 4 profile,  which  disqualified
him from Reserve duty pending medical evaluation.

On 11 Feb 92, he was asked to provide documentation from  his  private
physician for medical evaluation, including evidence of  good  glucose
control for four months and a normal  glycosylated  hemoglobin  and/or
normal two-hour post-prandial sugars.

A 21 Jul 92 Westover AFB clinic response to  a  Congressional  inquiry
advised that the applicant was instructed to provide the clinic with a
complete medical history, diagnosis and treatment from his own  doctor
and fasting blood sugar tests for four months. As of  7  Aug  92,  the
clinic was unsuccessful in contacting the applicant. He apparently had
returned to Florida in the fall of 1991 to resume his studies.

The applicant’s records contain no  additional  pertinent  information
and, on 2 Feb 94, he was honorably discharged from the USAFR.

According to Title 10, USC, Chapter 61, for members of the USAFR to be
eligible for DOD disability  benefits,  the  impairment  must  be  the
proximate result of duty, or be incurred or aggravated in the line  of
duty while on active duty for more than 30 days and entitled to  basic
pay. For members on TDY orders of 30 days or less, the disability must
have been directly caused by service. Members  with  non-duty  related
impairments are eligible to be referred  to  the  Physical  Evaluation
Board (PEB) solely for a fitness determination.

According to SAF/MRBR, the applicant does not  have  a  Department  of
Veterans Affairs (DVA) disability rating as of this date.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant notes the applicant  developed  and  was
diagnosed with insulin-dependent diabetes while a member of the  USAFR
and not on active duty for more than 30 days. His  condition  was  not
directly caused by military service. His diabetes  did  not  make  him
eligible for DOD disability benefits. Action and disposition  in  this
case were proper and equitable. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

HQ  AFPC/DPPD  advises  that  military  medical  records  reflect  the
applicant was diagnosed with  insulin-dependent  diabetes  in  Feb  91
while  undergoing  a  Reserve  periodic  medical  exam  for  worldwide
qualification for duty in conjunction with a pending  reassignment  to
Westover Air Reserve Base, MA.  The preponderance of evidence  clearly
shows he was not  on  active  duty  at  the  onset  of  his  diabetes.
Military personnel  who  acquire  medical  conditions  which  are  not
incurred or aggravated while performing active duty are ineligible for
disability processing through  the  Air  Force  Disability  Evaluation
System (DES). To qualify for a disability discharge,  a  member  would
have had to attain a serious or  life  threatening  medical  condition
prior to his release from active duty. Records fail to show this to be
the case here. DPPD explains the differences between the Air Force and
the DVA disability processes (Title 10 v. Title 38). They  agree  with
the Consultant’s comments and recommendation to deny the appeal.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 6 Feb 04 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. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded he should be granted a medical  discharge.  The  applicant’s
contentions are duly noted; however, we do not find these  assertions,
in  and  by  themselves,  sufficiently  persuasive  to  override   the
rationale provided by the Air Force. The available evidence  indicates
the onset of the applicant’s diabetes did not occur while  he  was  on
active duty and was  not  caused  directly  by  military  service.  We
therefore agree with the recommendations of the Air  Force  and  adopt
the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has not sustained his burden of having  suffered  either  an
error or an
injustice. In view of the above and absent persuasive evidence to  the
contrary, we find no compelling basis to recommend granting the relief
sought.

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  this  application  in
Executive Session on 23 March 2004 under the  provisions  of  AFI  36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Cheryl V. Jacobson, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-02165 was considered:

   Exhibit A.  DD Form 149, dated 25 Jun 03, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFBCMR Medical Consultant, dated 5 Nov 03.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 26 Jan 04.
   Exhibit E.  Letter, SAF/MRBR, dated 6 Feb 04.




                                   RICHARD A. PETERSON
                                   Panel Chair