RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2005-02038

            COUNSEL: NONE

            HEARING DESIRED:  NOT INDICATED


MANDATORY CASE COMPLETION DATE: 27 DECEMBER 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to show disability retirement  for  a  line  of  duty
(LOD) condition.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no  formal  contentions  other  than  stating  that  he  has
coronary artery disease.

In support of his application, applicant submits  numerous  papers  relative
to his Disability Evaluation System (DES) and separation.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served active duty in the Regular Army from 1971 through  1974
and the Regular Air Force from  1974  through  1978.   He  enlisted  in  the
Tennessee Air National Guard in 1980 and was progressively promoted  to  the
grade of master sergeant.

In July 1993  the  applicant  was  treated  for  myocardial  infraction  and
underwent coronary artery bypass  surgery  within  one  year  of  his  heart
attack. He recovered well and was  granted  several  waivers  for  continued
service in the ANG for several years.

On 16 March 2002, he was mobilized to extended  active  duty  home  station.
While serving on active duty, it was  noted  during  a  medical  examination
that his waiver for his heart disease had expired and was required  to  have
a follow-up cardiology  evaluation.  Evaluation  performed  by  his  private
cardiologist  resulted  in  a  positive  stress  test  leading  to   cardiac
catheterization and coronary artery  bypass  surgery.  A  LOD  determination
dated 20 November 2002 by military medical authority concluded his  coronary
artery disease clearly existed prior to entry onto active duty (LOD  no).  A
medical  narrative  summary  by  his  flight  surgeon  date  30  April  2003
recommended against granting a waiver for continuing active  military  duty.
The applicant was released from active duty on 30 June 2003.

An Air Force medical narrative dated 4 February 2004 indicates  one  of  the
coronary artery grafts had  become  occluded  associated  with  symptoms  of
angina  and  recommended  denial  of  further  waiver  for  duty.   He   was
disqualified for continued military duty by the ANG/SG due to  his  non-duty
related coronary artery disease. He was administratively separated on 3  May
2004 and transferred to the Retired Reserve awaiting retired pay at age  60.
He was credited with 31 years, 2 months and 19 days of military service.


___________________________________________________________
AIR FORCE EVALUATION:

The BCMR  Medical  Consultant  recommends  denial.  The  Medical  Consultant
concludes the 20 November  2002  LOD  Determination  was  medically  correct
however special rules for Reserve  members  with  over  8  years  of  active
military service who are called to active duty for more than  30  days  come
into play. If found unfit due to a pre-existing condition  while  on  active
duty will have such pre-existing condition  deemed  to  have  been  incurred
while they were entitled to basic pay. If the condition  is  not  unfitting,
the issue of LOD is not  raised  and  a  determination  of  LOD  is  neither
applicable nor necessary.

The Applicant has accumulated over 8 years of active service  prior  to  his
mobilization, and thus if he had been referred for  evaluation  in  the  DES
prior to release from active duty and found unfit,  his  existing  prior  to
service  condition  would  have  been  deemed  in  the  line  of  duty   and
compensable.  Based on the evidence of record that  indicates  an  excellent
outcome from surgery, the applicant’s condition would  have  been  rated  10
percent resulting in a recommendation for discharge with severance  pay  but
not disability retirement. In the alternative, based on the prior  favorable
waiver determinations and the excellent outcome,  he  may  have  been  found
fit, returned to duty,  and  released  from  active  duty  back  to  reserve
status. Under this circumstance, the benefit of the 8-year  rule  no  longer
applies. Under either  scenario,  the  later  reported  progression  of  his
disease occurred while he was not on extended  active  duty  and  would  not
have been compensable or ratable under the rules of the disability system.

The Medical Consultant is of the  opinion  that  the  preponderance  of  the
evidence  does  not  support  the   applicant’s   request   for   disability
retirement. However, if the Board believes his heart  disease  rendered  him
unfit for service while he was on active duty,  it  should  direct  changing
his records to show a finding of unfit with a recommendation for  disability
separation. In that event he  recommends  the  correct  percentage  for  his
disability discharge for heart disease for  computing  severance  pay  would
not exceed 10 percent.  The  Medical  Consultant  notes  that  even  if  the
applicant chooses his Reserve length  of  service  retirement,  rather  than
separation pay, the change may provide some benefit in other  administrative
determinations.

BCMR Medical Consultant's complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states according to US Code Title 10, 1201, and AFI 44-157  he
should be entitle to a line of duty retirement, according  to  grade,  rank,
rating and number of years. The reason he took the retirement at age 60  was
because to be  a  civil  service  technician  he  had  to  hold  a  military
position. Under the Civil Service Retirement Act he was  offered  a  job  in
South Carolina and had to drop two grades. So, he declined. If you think  he
doesn’t deserve an early retirement, then he wishes to leave his  retirement
as is until 2011. He will not accept a 10 percent disability with  severance
pay.

The applicant’s complete response is at Exhibit E.



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 warranting  a  change  in  his  honorable
discharge to a  medical  discharge.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case;  however,  the  Board
agrees with the opinion and recommendation of the AFBCMR Medical  Consultant
and adopts his rationale as the basis for our conclusion that the  applicant
has not been the victim of an error or injustice. The Medical consultant  is
of the opinion that the preponderance of the evidence  does  not  support  a
full disability retirement only the possibility of a 10  percent  disability
with severance pay. In the applicant’s response to the Board,  he  indicated
that if he did not receive a full and immediate  disability  retirement,  he
would await his reserve retirement at age 60. 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 a 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-BC-2005-
02038 in Executive Session on 26 September 2006,  under  the  provisions  of
AFI 36-2603:

                 Mr. James W. Russell, Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jun 2005, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 15 Aug 06.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Aug 06.
    Exhibit E.  Letter, Applicant, dated 18 Sep 06.





                                             JAMES W. RUSSELL
                                             Panel Chair

                       AIR FORCE BOARD FOR CORRECTION
                             OF MILITARY RECORDS

                   CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:      DOCKET NO:

      BC-2005-02038


ROUTE IN TURN    INITIALS  DATE


1.  CHIEF EXAMINER     ________  ________
    (Coord/Signature)


2.  EXECUTIVE DIRECTOR ________  ________
    (Coordination)

3.  Mr. James W. Russell
    CHAIR
    (Signature on Proceedings)    ________  ________

4.  AFBCMR (Processing)





                                 Ralph Prete
                                 Chief Examiner
                                 Air Force Board for Correction
                                 of Military Records


AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD  20762-7002


      Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR BC-2005-02038

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of material error or injustice.  Accordingly,
the Board denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence,
a further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR





                                   RALPH J. PRETE
                                   Chief Examiner
                                   Air Force Board for Correction
                                   of Military Records

Attachment:
Record of Board Proceedings