RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00849
INDEX NUMBER: 108.00
XXXXXXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 10 Sep 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
Diabetes be added as an unfitting condition as of the time of his
disability retirement and that his disability rating be increased.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was diagnosed as borderline diabetic while on active duty.
However, medical doctors told him he could not be diabetic because
there was no history in his family. All his symptoms are indicative
of diabetes, so the findings should reflect diabetes.
In support of his appeal, applicant provides extracts from his medical
records and a copy of the findings of the Informal Physical Evaluation
Board (IPEB) he met.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 7 Jan 63.
According to documents he provided, in Dec 80, the applicant was
referred to Wilford Hall Medical Center for evaluation of weakness and
paresthesias. On 23 Dec 80, a Medical Evaluation Board (MEB) convened
and diagnosed the applicant with hysterical neurosis, a history of
lumbar disease, and degenerative joint disease. The MEB recommended
the applicant be referred to an Informal Physical Evaluation Board
(IPEB). The IPEB convened on 7 Jan 81 and found the applicant unfit
because of physical disability based on the diagnosis by the MEB. The
IPEB recommended the applicant be retired with a 30 percent disability
rating. The applicant was separated 3 Feb 81. Additional facts
pertinent to this case are contained in the evaluation prepared by the
BCMR Medical Consultant at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. Approximately nine years after permanent disability
disposition from the Air Force, the applicant was diagnosed with adult
onset diabetes and has been granted service connected disability
compensation for diabetes and diabetic neuropathy under presumptions
of Title 38 (Department of Veterans Affairs (DVA) compensation system)
for herbicide exposure during service in Vietnam. The presence of
medical conditions that were not unfitting while in service, and were
not the cause of separation or retirement, that later progress in
severity causing disability resulting in service connected DVA
compensation is not an unusual occurrence and is not a basis to
retroactively grant military disability ratings or compensation.
Medical conditions developing after separation that are granted
service connection under presumptions of Title 38 are also not a basis
to retroactively grant military disability ratings or compensation.
Review of service medicals finds no evidence the applicant had
diabetes while in service and no evidence that diabetes was causing
symptoms diagnosed as conversion reaction.
The 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
10 May 06 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
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 the case;
however, we agree with the opinion and recommendation of the BCMR
Medical Consultant and adopt his rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. Therefore, in the absence of 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-2005-
00849 in Executive Session on 20 June 2006, under the provisions of
AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Mary C. Puckett, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Mar 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
Dated 9 May 06.
Exhibit D. Letter, SAF/MRBR, dated 10 May 06.
MICHAEL J. MAGLIO
Panel Chair
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