RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02744
INDEX CODE: 108.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show his disability is rated at 30% and he be
returned to the Temporary Disability Retired List (TDRL).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He suffered from Acute Pancreatitis twice while on active duty. According
to his doctor, the cause of his Type I Diabetes, diagnosed in April 2003,
was a direct result of the Pancreatitis. His pancreas is no longer
functioning and he now is dependent upon insulin injections to maintain his
health. Since the pancreatitis caused the diabetes, he believes the
diabetes should be considered service connected and his disability
percentage should be raised above 30% and he should be placed back on the
TDRL.
In support of his appeal, the applicant submits a MGMC consultant note
dated 21 July 1997. His complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS
The applicant was appointed a second lieutenant, Reserve of the Air Force
on 4 August 1991 and was voluntarily ordered to extended active duty on 12
November 1991. He was progressively promoted to the grade of captain
effective and with a date of rank of 4 August 1995. In 1996, he developed
symptoms of inflammatory bowel disease subsequently diagnosed as Crohn's
Disease, a medical condition unfitting for continued military service. He
also experienced episodes of inflammation of the pancreas (pancreatitis)
attributed to medications used to treat the Crohn's Disease. He was placed
on the TDRL on 21 July 1997. Following a period of treatment he was
reevaluated in November 1998. The gastroenterology evaluation documented
that he had no active signs of his disease on medication and was employed
fulltime. On 12 February 1999, the Informal Physical Evaluation Board
(IPEB) found him unfit due to his inflammatory bowel disease and
recommended discharge with severance pay at 10%. On 8 March 1999 he
concurred with the findings and recommendations of the IPEB and was removed
from the TDRL and honorably discharged with severance pay on 12 April 1999.
He was credited with 5 years, 8 months and 10 days of total active Federal
service.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states the applicant was disability discharged with severance pay at 10%
due to inflammatory bowel disease (Crohn's Disease) after 21 months on the
TDRL. While on active duty and associated with treatment for Crohn's
Disease, the applicant was hospitalized in October 1996 and July 1997 for
pancreatitis, inflammation of the pancreas. Four years after removal from
the TDRL and disability discharge, the applicant was diagnosed with
diabetes attributed to the history of pancreatitis. The Service
Secretaries are required by law to rate conditions based upon the degree of
disability at the time of permanent disposition and not future events. The
evidence of record established beyond a reasonable doubt that the applicant
was properly evaluated and rated, separation for physical disability with a
10% rating was proper, and no error or injustice occurred in this case.
The BCMR Medical Consultant's evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant on 6
February 2004 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, which would warrant corrective action.
After a thorough review of the evidence of record and the applicant's
contentions, we are not persuaded that the applicant’s disability
processing and the final disposition of his case were in error or contrary
to the governing Air Force regulations, which implement and the law. We
feel constrained to note that by law, the services assign ratings based on
the degree on impairment of performance or duties at the time of
disposition, while the DVA rates service-connected conditions on the basis
of social and industrial adaptability. 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.
_________________________________________________________________
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-
02744 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 11 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 20 Jan 04.
Exhibit D. Letter, SAF/MRBR, dated 6 Feb 04.
OLGA M. CRERAR
Panel Chair
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