RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01531
                                             INDEX CODE:  100.00
      XXXXXXX                           COUNSEL:  AL FRIEDMAN

                                        HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  4 November 2006


________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a disability rating greater than 20 percent, with his  depression
rated as a primary condition and a new AF Form 618,  Medical  Board  Report,
be issued.

________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his discharge, his depression was evaluated by an  orthopedic
physician and was not  rated;  however,  it  may  be  a  primary  condition.
Further, his lung disease and tinnitus should be  reviewed  for  a  possible
rating.

His medical conditions have worsened  and  he  needs  a  new  Medical  Board
Report to assist in his pursuit of service-connection  with  the  Department
of Veterans Affairs (DVA).

Applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air  Force  on  18  October  1976,  for  a
period of four years.  He was progressively promoted to the grade of  airman
first class (E-3).  Based on complaints of low back pain, he  was  presented
to an MEB to consider whether he should be continued on active duty.   On  5
December 1978, the MEB recommended he be forwarded to a Physical  Evaluation
Board (PEB).  On 12 December 1978, an Informal PEB (IPEB)  found  him  unfit
for continued military service based on the diagnosis of low back pain  with
exogenous obesity and  S1  spina  bifida  occulta,  and  recommended  he  be
discharged with severance pay, with a compensable rating of 20 percent.   He
did not concur  with  the  findings  and  recommendation  of  the  IPEB  and
requested a formal  hearing.   On  8  January  1979,  a  Formal  PEB  (FPEB)
sustained the findings and recommendation of the IPEB.  Applicant  disagreed
with the FPEB findings and recommendation and submitted a rebuttal.   On  22
January 1979, the Physical Review Council concurred with the FPEB and on  18
February 1979, the applicant was honorably discharged under  the  provisions
of AFR 39-4 (Disability - Severance  Pay),  with  a  20  percent  disability
rating.  He completed  two  years,  four  months,  and  one  day  of  active
service.

Applicant submitted  a  previous  application  to  the  Board  in  which  he
requested his records be corrected  to  show  that  all  references  to  the
diagnosis of “spina bifida occulta” be declared void and  removed  from  his
military medical records.  On 17 September 2003, the  Board  determined  the
applicant should receive  the  requested  relief,  based  on  the  favorable
recommendation from the BCMR Medical Consultant (BC-2003-01132).

On 13 April 2004, the DVA considered and denied  his  request  for  service-
connected disability compensation.

________________________________________________________________

AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  recommends  the  application  be  denied  and
states, in part, that there is no evidence to support  a  higher  disability
rating  at  the  time  of  the  applicant’s  separation.   At  the  time  of
separation, his back condition was consistent with the ratings  assigned  by
the Informal and Formal  PEBs.   Although  he  developed  degenerative  disc
disease with radiculopathy several years later, his back condition  improved
the year following his separation.  Furthermore, his depressed mood was  not
severe enough to interfere with  his  military  service  and  mental  health
professionals did not refer him for an MEB.  Worsened depression many  years
following  separation  is  not  a  basis  to  retroactively  grant  military
disability compensation.  There are no medical record entries that  indicate
any ongoing peripheral joint, lung,  ear,  or  bowel  condition  that  would
remotely affect his ability to perform his military duties.  Since  asbestos
is only a problem when it is airborne, living in a  building  with  asbestos
is not considered a health hazard.

The BCMR Medical Consultant notes the military  disability  system  operates
under Title 10 whereby compensation is made for diseases or  injuries  which
rendered a member unfit for continued military  service  and  only  for  the
degree of impairment at the time of separation.  Whereas, the  DVA  operates
under  Title  38  and  compensates  for  any   service-connected   condition
regardless of whether it was unfitting for continued military service.

The BCMR Medical Consultant evaluation is at Exhibit C.

________________________________________________________________





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 16  June
2006, for review and comment, within 30 days.  However, 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 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 warranting an increase  in  the  compensable
disability rating he was assigned at the time of  his  discharge.   Although
the applicant contends the numerous medical problems he  has  acquired  over
the 27 years since his discharge  are  related  to  his  original  unfitting
condition of low back pain, we find no evidence  of  a  causal  relationship
between these  conditions.   The  BCMR  Medical  Consultant  has  thoroughly
reviewed the evidence of record and provided  extensive  comments  regarding
the medical issues of this case, in  which  he  ultimately  opines  that  no
change in the records is warranted.  In deference to  the  comments  of  the
BCMR Medical Consultant, which appear to be supported  by  the  evidence  of
record, and since the applicant has  not  provided  sufficient  evidence  to
establish the degree of impairment of his unfitting condition  at  the  time
of his discharge should have been rated  greater  than  20  percent  or  the
assigned rating was contrary  to  the  governing  Air  Force  Regulation  in
effect at the time, 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-2005-01531
in Executive Session on 20 July 2006, under the provisions of AFI 36-2603:

                       Mr. Laurence M. Groner, Panel Chair
                       Mr. James A. Wolffe, Member
                       Ms. LeLoy W. Cottrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Nov 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memo, BCMR Medical Consultant, dated 13 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jun 06.
    Exhibit E.  Letter, Applicant, dated 13 Jul 06, w/atchs.



                                   LAURENCE M. GRONER
                                   Panel Chair