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AF | BCMR | CY2005 | BC-2004-02949
Original file (BC-2004-02949.DOC) Auto-classification: Denied

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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