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AF | BCMR | CY2004 | BC-2003-02744
Original file (BC-2003-02744.DOC) Auto-classification: Denied

                            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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