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AF | BCMR | CY2006 | BC-2005-00849
Original file (BC-2005-00849.doc) Auto-classification: Denied

                       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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