RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00475
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 13 AUG 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation (Disability, Existed Prior to Service)
be changed to Service Connected Condition.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He never had or was diagnosed with high blood pressure (HPB) before
entering military service. His blood pressure was normal at the Military
Entrance Processing Station (MEPS) Center. He indicates his blood pressure
is high as a result of military service with no preexisting condition. He
further indicates the Department of Veteran Affairs (DVA) has awarded him
10 percent service connected disability for HBP.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 26 January 2000, the applicant enlisted in the Regular Air Force in the
grade of airman basic for a period of six years.
The applicant’s Report of Medical Examination, dated 29 September 1999,
indicates at the time of the applicant’s enlistment, his blood pressure was
normal.
In March 2000 during medical care for a viral illness, the applicant was
noted as having elevated blood pressure.
AF Form 618, Medical Board Report, dated 10 June 2003, indicates the
applicant was diagnosed with severe podapompholyx, unresponsive to
treatment and hypertension. The board recommended the case be referred to
the Informal Physical Evaluation Board (IPEB)
AF Form 356, Findings and Recommended Disposition of USAF IPEB, dated 30
June 2003, indicates that the applicant was diagnosed with Category I -
unfitting conditions which were compensable and ratable: none; Category II
- conditions that could have been unfitting but were not currently
compensable or ratable: podapompholyx, unresponsive to treatment and
hypertension; Category III - conditions that were not separately unfitting
and not compensable or ratable: overweight. Additional findings included
the applicant was unfit because of physical disability and the degree of
impairment was permanent. The recommended disposition indicated discharge
Under Other Than Chapter 61, 10 U.S.C. Existed Prior to Service (EPTS).
The report further indicated the applicant’s medical condition, which EPTS
and had not been permanently aggravated through military service, was
incompatible with the rigors of military service. The IPEB noted the
applicant’s condition began in basic training. The Board opined that the
180-day rule applied and found the applicant unfit and recommended
discharge under the provisions other than Chapter 61, Title 10, USC.
AF Form 1180, Action on Physical Evaluation Board Findings and Recommended
Disposition, dated 11 July 2003, indicates the applicant agreed with the
findings and recommended disposition of the PEB and understood he was
waiving his right to a Formal PEB hearing.
On 11 July 2003, the Secretary of the Air Force Personnel Council indicates
the Secretary of the Air Force directed the applicant be separated from
active service for physical disability due to a condition that EPTS. The
applicant was not entitled to any benefits under the provisions of Chapter
61, Title 10, U.S.C.
On 16 September 2003, the applicant was honorably discharged in the grade
of senior airman under the provisions of AFI 36-3208 - Disability, EPTS.
He served 3 years, 7 months, and 21 days of total active duty service.
A Department of Veterans Affairs (DVA) Rating Decision, dated 18 August
2004, indicates items subject to compensation reflects right ankle strain,
symptomatic, service connected, Gulf War, incurred, 10 percent from 17
September 2003; hypertension, service connected, Gulf War, incurred, 10
percent from 27 September 2003; eczema, hands and feet, symptomatic,
service connected, Gulf War, incurred, 10 percent from 17 September 2003;
combined evaluation for compensation: 30 percent. Items not service
connected/not subject to compensation - right shoulder impingement
syndrome, hearing loss (hearing normal for VA purposes, tinnitus, chronic
bronchitis - no diagnosis, obstructive sleep apnea.
A Department of Veterans Affairs Rating Decision, dated 20 December 2004,
indicates the applicant was diagnosed with Hypertension - service
connected, Gulf War Incurred 10 percent from 17 September 2003; Eczema,
hands and feet, symptomatic service connected Gulf War, Incurred 10 percent
from 17 September 2003; S/P Tenosynovectomy of the Peroneal Tendons, Right
Ankle (previously rated as right ankle strain, symptomatic) - service
connected Gulf War, Incurred - 10 percent from 17 September 2003, 100
percent from 25 August 2004 (38 CFR 4.30), 10 percent from 1 October 2004.
A combined evaluation for compensation indicates 30 percent from 17
September 2003, 100 percent from 25 August 2004 and 30 percent from 1
October 2004.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommended denial indicating the applicant
manifested two chronic medical conditions within six weeks of entry onto
active duty while in basic training: pompholyx/eczema of the feet and
essential hypertension (high blood pressure). He subsequently underwent an
MEB when the skin condition worsened interfering with military duty and was
unresponsive to treatment. The PEB considered both medical conditions and
found the skin condition but not the hypertension unfitting for continued
military service. The PEB concluded the applicant’s unfitting medical
condition existed prior to service based on manifestation of symptoms so
soon after entry onto active duty that the condition could not have begun
in so short a period of time. Although the applicant’s hypertension also
manifested shortly after entry onto active duty and would be considered as
existing prior to service based on the same principle, the condition was
not determined to be unfitting. The applicant agreed with the findings and
recommendations of the PEB.
The applicant’s chronic skin disease manifested less than one week after
entry onto active duty and is of such a chronic nature that it could not
have developed in so short a period of time. The subsequent course of the
skin disease was consistent with the natural course of the condition and
would have progressed regardless of military service.
Although the applicant argues that the evidence of the service medical
record and submitted documentation overcomes the presumption that his high
blood pressure identified so soon after entry onto active duty existed
prior to service, the issue is rendered hypothetical by the fact that his
high blood pressure was not considered unfitting at the time of evaluation
in the disability system. In order to be considered ratable and
compensable, the condition must be unfitting. In order for high blood
pressure to be considered potentially unfitting the diastolic blood
pressure must be consistently greater than 110 (mmHg) following adequate
therapy, or manifest end organ damage (to eyes, brain, heart or kidneys),
or require a complex multi-medication regimen that requires an inordinate
amount of medical supervision (AFI 48-123, paragraph A2.7.2.). The
applicant’s high blood pressure was not this high even when off of
medications, had not caused end organ damage and did not require an
inordinate amount medical management. High blood pressure was not the
reason the applicant was separated.
Even if the Board were to grant the applicant’s request, any resulting
disability severance pay (10 percent rating) would be deducted from future
DVA disability compensation and provide no financial or other benefit to
the applicant.
Action and disposition in this case are proper and equitable reflecting
compliance with Air Force directives that implement the law.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 16 February 2006, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this date, no
response has been 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. After reviewing the evidence of
record, we are convinced the applicant’s separation from the Air Force was
in accordance with Air Force policy. His contentions are duly noted;
however, in our opinion, the detailed comments provided by the AFBCMR
Medical Consultant adequately address these allegations. Therefore, we are
in agreement with the comments and recommendation of the Medical Consultant
and adopt his rationale as the basis for our decision that the applicant
has not been the victim of either an error or injustice. In view of the
above and in the absence of evidence to the contrary, we find no compelling
basis upon which to recommend favorable action on this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an injustice; the application was denied without a
personal appearance; and 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-2005-
00475 in Executive Session on 23 March 2006, under the provisions of AFI 36-
2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Jan Mulligan, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 February 2005, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFBCMR Medical Consultant, dated
15 February 2006.
Exhibit D. Letter, SAF/MRBR, dated 16 February 2006, w/atch.
MICHAEL J. MAGLIO
Panel Chair
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