RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02046
            INDEX NUMBER:  145.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  2 JAN 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  show  he  was  on  continuous  active  duty  in
support of Desert Storm through April 1991 and was medically separated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 26 December 1990, he was called to  active  duty  in  support  of  Desert
Storm.  On 16 January 1991, he was sent to the  gas  chamber  and  began  to
choke violently and was rushed to the hospital.  His medical  records  never
made it to the Air Reserve Personnel Center.  He was pushed out of  the  Air
Force without a physical examination.  He never received a DD Form 214,  pay
for the last two months of service or a physical  examination.   Because  he
was young and naïve, he was told he could be  held  indefinitely  until  the
war was over.  He was kept on active duty until 22 April 1991 and  was  told
by the flight surgeon that he was unfit for duty because he  had  an  asthma
attack caused by the gas chamber.  After 13 years  since  the  incident,  he
would like justice done.

In support of his appeal, applicant submits a copy of his DD  Form  214  and
Honorable Discharge Certificate, a copy of his pay records,  copies  of  his
AF Form 938, Request and Authorization for Active Duty Training/Active  Duty
Tour, and a copy of his  shot  record  with  associated  medical  documents.
Applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records  are  incomplete.   The  following  information  was
extracted  from  the  available  records  and  documents  provided  by   the
applicant.

The applicant was an active member of the Air Force Reserve  who  had  prior
Regular Air Force service from 23 November  1983  until  22  November  1987,
when he was relieved from active duty in the grade of  sergeant  (E-4).   He
was assigned to the Obligated Reserve Section until 6 January 1990, when  he
was assigned to an active Reserve position.  He was ordered to  active  duty
on 26 December 1990 in support  of  Desert  Storm.   He  was  released  from
active duty on 11 January 1991 and transferred to  the  Air  Force  Reserve.
He was relieved from his Reserve assignment and honorably  discharged  under
the  provisions  of  AFR  35-41,  Volume  III,   paragraph   5-31   (medical
disqualification), effective 1 April 1991.  His  discharge  orders  indicate
his  reenlistment  eligibility  was  “eligible  with  waiver.”   As  of  his
discharge date, he was credited with  5  years,  4  months  and  9  days  of
satisfactory Federal service.

The remaining relevant facts pertaining to his application,  extracted  from
the available records, are contained in the advisory  opinions  prepared  by
the appropriate Air Force offices of primary responsibility.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFRC/DPM  recommends  the  application  be  denied.   DPM  states  that  the
military records provided by the  applicant  indicate  he  performed  active
duty service in support of Desert Storm for  the  period  26  December  1990
through 11  January  1991.   DPM  further  states  that  the  applicant  was
separated from the Air  Force  Reserve  for  non-service  connected  medical
disqualification.  The DD  Form  214  correctly  documents  the  applicants'
active duty service.  The AFRC/DPM evaluation is at Exhibit B.

AFRC/SG recommends the application be denied.  AFRC/SG states  that  due  to
lack of supporting medical documentation they conclude that the correct non-
disability, non-medical, administrative  action  was  proper.   The  AFRC/SG
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

On 24 September 2004, copies of the Air Force evaluations were sent  to  the
applicant for review  and  comment.   As  of  this  date,  this  office  has
received no response.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The  BCMR  Medical  Consultant  indicates  the   applicant   was   medically
disqualified and released from the  Air  Force  Reserve  due  to  asthma  or
reactive  airways  disease  that  existed  prior  to  service  and  was  not
permanently aggravated by service.  Noting the absence  of  medical  records
other than those submitted by the applicant,  the  BCMR  Medical  Consultant
stated  the  available  medical  documentation  indicates  the   applicant’s
condition was mild favoring reactive airways disease  or  mild  intermittent
asthma triggered by exercise and the condition  existed  prior  to  service.
He had acute mild symptoms that resolved.   Follow  up  three  months  later
indicated he was asymptomatic.

According to the governing statute, for members of the Reserve component  to
be eligible for Department of Defense disability  benefits,  the  impairment
must be the proximate result of duty or incurred or  permanently  aggravated
in the line of duty while on active duty for more than 30 days and  entitled
to basic pay.  The BCMR Medical Consultant states that the preponderance  of
evidence in the medical records indicates  that  the  applicant’s  condition
was not incurred during a period of duty of 31  days  or  more,  proximately
caused by duty of 30 days or less, or  permanently  aggravated  by  military
service, and is not eligible for disability compensation.  The BCMR  Medical
Consultant is of the opinion that action and disposition in  this  case  are
proper and equitable reflecting compliance with Air  Force  directives  that
implement the law.  Therefore, the BCMR Medical  Consultant  recommends  the
application be  denied.   The  BCMR  Medical  Consultant  evaluation  is  at
Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

On 19 April 2005, a copy of  the  Air  Force  evaluation  was  sent  to  the
applicant for review  and  comment.   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 an error or injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case and do not  find  that
it  supports  a  findings  the  applicant  served  on  active  duty   beyond
11 January 1991 or he was improperly separated from the  Air  Force  Reserve
in April 1991.  We noted the applicant’s contentions;  however,  we  believe
the detailed comments provided by AFRC/DPM  and,  in  particular,  the  BCMR
Medical Consultant thoroughly address his allegations.  Other than  his  own
assertions, we have seen no evidence  by  the  applicant  that  successfully
refutes the assessments of his case.  Therefore, we agree with the  opinions
and recommendations of AFRC/DPM and the BCMR Medical  Consultant  and  adopt
the rationale provided as a basis for our conclusion that the applicant  has
not been the victim of either an error or an  injustice.   Accordingly,  the
applicant’s requests are 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 14 December 2004 and  28  June  2005,  under  the  provisions  of
AFI 36-2603:

            Mr. Christopher D. Carey, Panel Chair
            Ms. Janet I. Hassan, Member
            Ms. Renee M. Collier, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
04-02046:

      Exhibit A.  DD Form 149, dated 24 Jun 04, w/atchs.
      Exhibit B.  Letter, AFRC/DPM, dated 17 Aug 04.
      Exhibit C.  E-mail, AFRC/SGP, dated 21 Sep 04.
      Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 04.
      Exhibit E.  Letter, BCMR Medical Consultant, dated 15 Apr 05.
      Exhibit F.  Letter, AFBCMR, dated 19 Apr 05.




               CHRISTOPHER D. CAREY
               Panel Chair