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AF | BCMR | CY2004 | BC-2003-02215
Original file (BC-2003-02215.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02215
            INDEX CODE:  108.02
            COUNSEL:  DAV

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His disability discharge with severance pay be changed  to  reflect  he  was
permanently retired for disability reasons.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The  Physical  Evaluation  Board  (PEB)  inaccurately  rated   his   medical
condition as 20% disabling. He  meets  the  Veterans  Affairs  Schedule  for
Rating Disabilities (VASRD) guidelines for a  rating  of  60%  and  the  PEB
should have rated his condition at a minimum rating of 60%.

In support of his request, applicant provided a personal statement,  a  copy
of his DD Form 214, documentation associated with his disability  evaluation
system processing, and documentation extracted  from  his  medical  records.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  21
Jun 95.  He was progressively  promoted  to  the  grade  of  senior  airman,
having assumed that grade effective and with a date of rank of 21 Jun 98.

An MEB was convened on 18 Feb 99  and  referred  his  case  to  an  Informal
Physical Evaluation Board  (IPEB)  with  a  diagnosis  of  Type  I  Diabetes
Mellitus controlled with diet, short and long acting  insulin.   On  24  Feb
99, the IPEB found him unfit for further military  service  and  recommended
he be discharged with severance pay with a compensable rating of  20%.   The
applicant  initially  did  not  agree  with  the  findings  and  recommended
disposition of the IPEB, but after consulting counsel elected to  waive  his
right to a formal hearing.  On 15 Mar 99, the Air  Force  PEB  directed  the
applicant be discharged with severance pay with a disability rating of  20%.
 He was discharged on 27 Apr 99.  He served 3 years, 10 months, and  6  days
on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states applicant was discharged with severance pay due to  a  new  onset  of
Type I Diabetes Mellitus requiring insulin and a restricted diet  consistent
with a 20% rating.  The aspects of his disease he  cites  as  reason  for  a
higher rating occurred earlier in the course of treatment  and  not  in  the
optimally treated state, which final  disability  ratings  are  adjudicated.
Frequent routine diabetes follow up with diabetes care specialists is not  a
direct reflection of disease severity, but a standard of  care  for  routine
management.  With current medical management, new onset of Type  I  Diabetes
Mellitus in the optimally treated  state  does  not  result  in  significant
occupational limitations  outside  the  requirements  to  accommodate  diet,
medication and medical visits, and would rarely  warrant  more  than  a  20%
rating.  Worsening of the disease due to noncompliance with therapy  is  not
compensable under DoD  rules.   The  Medical  Consultant  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant’s  counsel  on
9 Jan 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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however, we  are  not
persuaded by the applicant's contentions that his disability processing  and
the rating he received at final disposition of his case  were  in  error  or
unjust.  Therefore, we agree with the opinion and recommendation of the  Air
Force office 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 evidence to the contrary, we find  no
compelling  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  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-
02215 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 5 Jun 03, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records
    Exhibit C.  Letter, BCMR Medical Consultant, dated 17 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.




                                   OLGA M. CRERAR
                                   Panel Chair

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