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AF | BCMR | CY2005 | BC-2004-00614
Original file (BC-2004-00614.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00614
            INDEX CODE:  108.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

The diagnosis of myalgic myopathy rendered while he was on active duty
(AF  Form  618,  Medical  Board  Report)  be  changed  to   peripheral
neuropathy in order to qualify  for  Agent  Orange  related  veterans’
benefits and other future benefits.
_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his  illness/evaluation  for  retirement,  the  Vietnam
Agent Orange Program was not researched or as developed as it is  now.
The  condition  diagnosed  as  myalgic  myopathy  in  service   [later
diagnosed as a metabolic myopathy] is actually a peripheral neuropathy
induced by Agent Orange exposure.

In support of his request, the applicant submits a personal statement,
extracts from his medical records and additional documents  associated
with the issues cited in his contentions.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
7 September 1967.  He was  progressively  promoted  to  the  grade  of
technical sergeant (E-6), with an effective date and date of rank of 1
October 1982.

During the period of 7 September 1969 - 3  June  1970,  the  applicant
served in Vietnam.

The applicant was relieved from active duty in the grade of E-6 on  30
September  1987.   On  1  October  1987,  he  was  retired  under  the
provisions of AFR 35-7 (Voluntary - Retirement for  years  of  service
established by law) in the grade of E-6 and assigned  to  the  Retired
Reserve until 7 September 1997.  He had completed a total of 20  years
and 24 days of active service for retirement.

The records of the Department of Veterans Affairs  (DVA)  reflect  the
applicant’s current combined  compensable  disability  rating  as  100
percent.
_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized the  information  contained  in
the applicant’s personnel and medical records and is  of  the  opinion
that no change in the applicant’s record is warranted.  Details of his
evaluation are at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  22
December 2004 for review and response.  As of this date,  no  response
has been received by this office (Exhibit D).
_________________________________________________________________

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 agree with the opinion  and  recommendation  of  the  BCMR
Medical Consultant and adopt the rationale expressed as the basis  for
our decision that the applicant has failed to sustain his burden  that
he has suffered either an error or an injustice.  In this respect,  we
note the evidence of record  supports  the  applicant’s  diagnosis  of
primary metabolic  muscle  disease  rather  than  a  peripheral  nerve
disease.  In view of the above and absent 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(s)   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  this  application  in
Executive Session on 1 February 2005, under the provisions of AFI  36-
2603:

                  Mr. Roscoe Hinton Jr., Panel Chair
                  Mr. Garry G. Sauner, Member
                  Mr. Joseph D. Yount, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2004-00614.

   Exhibit A.  DD Form 149, dated 18 Feb 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 26 Oct 04.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Dec 04




                                   ROSCOE HINTON JR.
                                   Panel Chair

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