RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02949
INDEX CODE: 108.01
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 MARCH 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her discharge from the Air Force be changed to reflect that she was
medically discharged, with a medical rating for disabilities; she be
reimbursed for out of pocket medical expenses; and entitlement to
retroactive pay and benefits thereof.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The disabilities were not diagnosed as pre-existing upon entrance into the
military according to Military Entrance Processing Station (MEPS) physical.
The conditions/disabilities were diagnosed for the first time during
military service.
In support of her application, the applicant provided a personal statement.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted her initial enlistment in the Regular Air Force on
3 April 1991. She was progressively promoted to the grade of airman,
having assumed that grade effective and with a date of rank of 3 October
1991.
The applicant underwent a medical evaluation board (MEB) on 31 July
1991. The MEB diagnosed the applicant with a third degree heart block of
congenital origin, currently asymptomatic, with evidence of organic heart
disease. The MEB recommended the applicant to a Physical Evaluation Board
(PEB).
On 7 August 1991, the Informal Physical Evaluation Board (IPEB) diagnosed
the applicant with congenital third degree heart block; existed prior to
service (EPTS) without service aggravation. They recommended the applicant
be discharged under other than Chapter 61, 10 United States Code (USC).
On 23 September 1991, the Formal Physical Evaluation Board concluded that
the member’s condition is incompatible with the demands of military service
and the Formal PEB does not consider member to be reasonably capable of
fulfilling the duties of her rank and office. Per MEB narrative summary,
her slow heart rate may require a pacemaker in the future and this
condition was disqualifying at time of enlistment. The Formal PEB considers
member to be unfit for further active duty.
On 10 October 1991, the Office of the Secretary of the Air Force determined
the member is physically unfit for continued military service due to a
physical disability which existed prior to military service and directed
discharge without disability benefits.
On 30 October 1991, she was voluntarily discharged from the Air Force, with
service characterized as honorable and a narrative reason “disability which
existed prior to service with no severance pay.” She served 6 months, and
28 days of total active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant reviewed the applicant’s request and recommends
denial. The applicant was discharged for a disqualifying medical
condition, congenital heart block, which existed prior to service and was
not permanently aggravated by service. Under the rules of the military
disability system, congenital conditions that are not permanently
aggravated by service are not eligible for disability compensation. There
is no doubt that the applicant’s heart block was congenital in nature and
evidence of the record indicates it was first noted during childhood. The
post service course of her condition confirms the findings of the Physical
Evaluation Boards.
BCMR Medical Consultant’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 29
July 2005 for review and comment within 30 days. As of this date, there
has been no response 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 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. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded that
her records should be changed. Applicant’s contentions are noted; however,
we do not find these uncorroborated assertions, in and by themselves,
sufficiently persuasive to override the rational provided by the Air Force.
Applicant has provided no persuasive evidence that her medical condition
was improperly rated and processed at the time of her discharge. Therefore,
we agree with the BCMR Medical Consultant that the applicant was discharged
for a disqualifying medical condition, congenital heart block, that existed
prior to service, was not permanently aggravated by service and no change
in her records is warranted. Therefore, in the absence of persuasive
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 Docket Number BC-2004-02949
in Executive Session on 15 September 2005, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Gregory A. Parker, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Aug 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 27 Jul 02.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
THOMAS S. MARKIEWICZ
Chair
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