RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00230
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reinstated on active duty with back pay and allowances, as well
as all out-of-pocket expenses, from 1 September 2002 to the present,
and that he be medically retired by medical evaluation board (MEB)
action.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He experienced a bacterial infection while on active duty between
October 1999 and 29 December 2001. Tri Care, Walter Reed Army Medical
center and the Carl Hayden Veteran’s Administration (VA) Medical
Center were unable to cure his affliction. He has been receiving
Veteran’s Administration disability benefits since 1 September 2001.
In support of his appeal, the applicant has provided a personal
statement, and copies of a Department of Veteran’s Affairs (DVA)
disability decision.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 8 July 1972, applicant joined the Regular Air Force. He left the
Air Force on 2 May 1979 and remained a civilian until he joined the
Air Force Reserve (AFR) on 26 April 1984. He remained with the AFR
and attained the grade of technical sergeant (TSgt) as an Aircraft
Maintenance Specialist. On 15 September 2001, he applied for transfer
to the Retired Reserve with a requested retirement date of 15 March
2002. From 14 October to 20 November 2001, he was deployed to Kuwait.
Upon return to the United States, he began complaining about skin
lesions over several parts of his body. On 12 December 2001, his unit
initiated a Line of Duty (LOD) determination the results of which are
missing from the record. Between 1 and 24 December 2001, he underwent
physical exams, skin scrapings and biopsies by civilian providers that
were sent to the Centers for Disease Control (CDC) for examination.
The CDC tested the scrapings for leishmaniasis, a parasitic infection
transmitted by the Middle Eastern sand fly. The results of the CDC
tests were either non-specific or negative for leishmaniasis. On 2
January 2002, he was evaluated at Luke AFB and found “not world-wide
qualified for duty” based on suspected leishmaniasis. On 7 January
2002, he was examined by personnel at Walter Reed Army Medical Center
who found no evidence of leishmaniasis but did send him back to his
unit with a diagnosis of staphylococcal folliculitis. A final entry
on his service medical record was dated 10 February 2002 and
summarized his treatment and evaluation as of that date. On 12 April
2002, he was transferred to the Reserve Retired list, effective
15 March 2002, in the grade of TSgt awaiting retired pay at age 60.
He had served a total of 25 years, 8 months, and 15 days of combined
Reserve and active duty service.
In August 2002, applicant applied to the DVA for service-connected
compensation and received a combined compensable rating of 30% for
chronic fatigue syndrome and an undiagnosed illness manifested by skin
rash.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant notes the applicant has medically
unexplained symptoms temporally associated with a military deployment
to Southwest Asia in 2001. He voluntarily retired while being
evaluated for symptoms, without a finding or recommendation of medical
disqualification for duty. He states the applicant’s conditions are
considered chronic and not acute grave illness and therefore would not
have warranted placement on medical hold for disability evaluation.
He states action and disposition in this case are proper and equitable
reflecting compliance with Air Force directives that implement the
law. No change in the record is warranted.
The remaining pertinent medical facts are contained in the evaluation
prepared by the BCMR Medical Consultant at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
19 April 2005 for review and comment within 30 days. As of this date,
no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
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 agree with the opinion and recommendation of the BCMR
Medical Consultant and adopt his rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. While we sympathize with the applicant, we can find no
evidence that his symptoms were ever considered acute or grave to the
point he would have been placed on medical hold for disability
evaluation prior to his voluntary retirement. Additionally, we note
the Department of Veteran’s Affairs (DVA) has acted in his behalf by
providing medical care and disability compensation. Therefore, 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-
2004-00230 in Executive Session on 24 May 2005, under the provisions
of AFI 36-2603:
Ms. Cathlynn B. Sparks, Panel Chair
Mr. Patrick C. Daugherty, Member
Ms. Marcia Jean Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 18 Apr 05.
Exhibit D. Letter, SAF/MRBR, dated 19 Apr 05.
CATHLYNN B. SPARKS
Panel Chair
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