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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