RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02769
            INDEX CODE:  110.02

            COUNSEL:  DAV

      XXXXXXX    HEARING DESIRED: YES

MANDATORY CASE COMPLETION DATE: 12 MARCH 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His administrative  discharge  due  to  physical  disqualification  be
changed to a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Department of Veteran Affairs determined the psoriasis  and  major
depression occurred  during  his  active  duty  military  service  and
granted 80%  service-connection.  Therefore,  he  should  be  given  a
medical discharge.

In support of his appeal, applicant has provided copies of  a  Reserve
Order, EK-1192, DD Form 214, and a letter from HQ AFRC/DPM, a decision
from the Baltimore, MD Veterans Administration (VA)  regional  office,
medical records and memo from DAV.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in the California  Reserve  on
25 April 1989 after voluntarily leaving the Regular  Air  Force  under
the Palace Chase program.  He enlisted in the California Reserve as  a
staff sergeant (SSgt/E-5).

The applicant underwent a medical evaluation  board  (MEB)  on       8
September 2002.  The MEB concluded  the  applicant  was  not  fit  for
military duty due to his pulmonary sarcoidosis which needs  monitoring
and  intermitted  steroids,  psoriasis  requiring   multiple   topical
medications for control, major  depression  requiring  Wellbutrin  and
intermittent steroid and arthritis on  Relafen  for  pain  relief  and
limited mobility.

On 24 April 2003, HQ AFRC/SGPA concurred with the MEB  and  determined
that the applicant was medically disqualified for  continued  military
duty.

On 20 November 2003, the  applicant  was  relieved  from  his  current
assignment and assigned to the Retired Reserve Section and  placed  on
the USAF Reserve Retired List effective 1 November 2003 in  the  grade
of technical sergeant after 16  years  and  22  days  of  satisfactory
service.

_________________________________________________________________

AIR FORCE EVALUATION:

BCMR Medical Consultant is of the opinion no change in the records  is
warranted. The applicant was  medically  disqualified  from  continued
Reserve duty due to medical  conditions  that  were  not  incurred  or
aggravated by Reserve duty. The applicant  has  been  granted  service
connected disability compensation for psoriasis  because  evidence  in
the service medical records while on active duty in  the  regular  Air
Force shows onset of the skin disease while on active duty. Depression
developing in 2000 as an apparent response to progressive skin disease
was granted service connection by the DVA for DVA  compensation  based
on linkage to the  service  connected  psoriasis.  The  applicant  now
requests Air Force disability discharge based on DVA determinations of
service connectedness.

Once the applicant separated  from  the  Regular  Air  Force  and  was
transferred to the Air Force Reserves, his status changed from being a
member of the active Regular Air Force,  to  being  a  member  of  the
Reserves, a civilian  who  could  be  called  to  active  duty.  As  a
participating member of the Reserves, he periodically performed  brief
periods of  active  and  inactive  duty  training.  Unless  performing
inactive duty training or on active duty  in  receipt  of  basic  pay,
members of the Reserves are in civilian status. In order for a Reserve
member to  be  eligible  for  military  disability  compensation,  the
condition must have been incurred or aggravated as a result of Reserve
duty. Because his  conditions  were  not  incurred  or  aggravated  by
Reserve duty (inactive or active) while a member of the Reserves,  the
conditions, including psoriasis, were not compensable even though  the
psoriasis is service connected.

The presence of medical conditions that were not  unfitting  while  on
active duty in the regular  Air  Force  and  were  not  the  cause  of
separation or retirement that later progress while in civilian  status
(not aggravated by Reserve service) and are granted service  connected
DVA compensation, is not  a  basis  to  retroactively  grant  military
disability  discharge   or   disability   compensation.   Action   and
disposition  in  this  case  are  proper  and   equitable   reflecting
compliance with Air Force directives that implement the law.

BCMR Medical Consultant’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated he respectfully
disagrees  with  the  advisory  opinion.  He  requests  an  Air  Force
disability discharge, based on the  criteria  outlined  in  Title  10,
U.S.C. 10 Section 1201, and his Reserve duty, did in  fact,  aggravate
his current condition.

His disability (psoriasis) was rated at 30 percent under the  standard
schedule of rating disabilities by the Department of Veterans  Affairs
when he was discharged.

His reserve duty aggravated his condition (psoriasis), by exposing him
to JP-8 aviation fuel on a routine basis. As an aircraft  mechanic  on
active duty and in the Reserves, this position required him to  refuel
and de-fuel, drain the single point refueling  manifolds,  enter  fuel
dry  bays  for   inspection,   and   replace   fuel   components   and
subcomponents. It is documented on  the  Material  Safety  Data  Sheet
(MSDS) in the health hazard data section, that  JP-8  fuel  can  cause
dermatitis when repeatedly contacting the skin or through  inhalation,
and may aggravate existing dermatitis.

He is requesting the Board to upgrade his discharge to medical,  based
on the facts presented and the criteria outlined in Title  10,  U.S.C.
Section 1201.

Applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

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  this  case.
However, evidence has not been provided warranting  a  change  in  his
administrative discharge to a medical discharge. The Board  notes  his
contentions and is of the opinion that the detailed comments  provided
by the BCMR Medical  Consultant  accurately  address  the  applicant’s
allegations.  Therefore, we are in agreement with  BCMR  opinions  and
recommendation and adopt his rationale as the basis for our conclusion
that the applicant has not been the victim of either an  error  or  an
injustice.  In view of the above findings, we find no basis upon which
to provide favorable action on this application.

4.    Notwithstanding the Board’s conclusions, in light of applicant’s
rebuttal,  in  which  he  makes  a  claim  that  his  reserve  service
aggravated a skin condition, the Board would  consider  any  genuinely
new evidence applicant may wish to provide  to  support  his  rebuttal
claim.

5.  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   issues   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 AFBCMR Docket Number BC-
2004-02769 in  Executive  Session  on  16  November  2005,  under  the
provisions of AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Mr. Terry L. Scott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  BCMR Medical Consultant, dated 19 Sep 05.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Sep 05.
    Exhibit E.  Applicant Response, dated 18 Oct 05, w/atchs.




                                   LAURENCE M. GRONER
                                   Panel Chair