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AF | BCMR | CY2005 | BC-2004-00230
Original file (BC-2004-00230.doc) Auto-classification: Denied

                       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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