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AF | BCMR | CY2007 | BC-2006-00046
Original file (BC-2006-00046.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00046
            INDEX CODE:  108.00, 124.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  9 JUL 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

It appears applicant is requesting  his  records  be  corrected  to
reflect a disability retirement with back pay and entitlements, and
any reference to  alcoholism  and  subsequent  placement  into  the
Alcohol/Drug Rehabilitation Program be voided.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His medical condition of hypertension caused him to have  blackouts
and fallouts, resulting in two  civilian  arrests.   The  arresting
officers  thought  he  was  intoxicated;  however   the   physician
assistant  assigned  to  the  rehabilitation  committee   suspected
hypertension, which after a one-week evaluation determined that his
blood pressure was not high enough for medication at that time.

His commander chose to enroll him into the  rehabilitation  program
which was conducted concurrently with a mental  health  evaluation.
During the rehabilitation process, applicant experienced  a  stroke
caused by  the  hypertension,  which  eventually  resulted  in  his
discharge from military service.

After his discharge, applicant continued  to  experience  blackouts
and fallouts.  On several occasions the  blackouts  caused  arrests
and  near  deaths.   Applicant  submitted  Department  of  Veterans
Affairs (DVA) decisional documents rating him with  10%  disability
rating for service-connected hypertension.

In support of his appeal, applicant submitted a personal  statement
and DVA Decisional documents.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 8 Jun 67.   He  was  progressively
promoted to the rank of Master Sergeant with  a  date  of  rank  of
1 May 79.

A resume of applicant’s last three years of his airman  performance
reports (APR) follows:

            PERIOD CLOSING        OVERALL EVALUATION


           21 Jun 80                         8
                 04 Mar 81                         5 (Referral)
                 04 Mar 82                         7
                 07  Mar  83                          3  (Referral)
(w/4 AFF 77s)

On 30 Jan 83, applicant was arrested for public intoxication.   The
arrest report revealed a blood pressure reading of 200/140  at  the
time of the arrest.

On 28 Jan 83 and  14  Feb  83,  applicant  was  nonrecommended  for
promotion.   In  Mar  83,  he  was  arrested  for   Driving   While
Intoxicated (DWI).  On 4 Apr 83, applicant was  nonrecommended  for
promotion and retention in the Air Force.

On  29  Jun  83,  applicant  was  honorably  discharged  under  the
provisions of AFR 39-10, with a narrative reason for separation  of
Expiration Term of Service.  He was  credited  with  16  years  and
19 days of active duty service.

___________________________________________________________________

AIR FORCE EVALUATION:

The  AFBCMR  Medical  Consultant  reviewed  this  application   and
recommended denial.

The applicant requests a change in the records to reflect a service-
connected disability for hypertension with appropriate  retroactive
compensation and to "void" references to alcoholism  and  placement
into the  alcohol/drug  rehabilitation  program.   He  claims  that
hypertension  rather  than  alcohol  abuse  caused  his  behavioral
problems.  He contends  that  the  hypertension  and  mitral  valve
prolapse (demonstrated while in service) caused a cerebral vascular
accident (stroke) in 1995.  He  feels  that  he  should  have  been
treated for high blood pressure while in the service,  which  would
have prevented his stroke and subsequent disability.  Thus,  he  is
requesting that he be granted disability pay for the stroke that he
had 12 years after discharge that  resulted  from  increased  blood
pressure while on active duty.  Additionally, applicant claims that
he failed to receive a discharge physical examination.

The applicant entered active duty 8 Jun 67 and  served  as  an  Air
Transportation Superintendent.  He was discharged on 29 Jun 83,  at
the expiration of his obligated term of service, after being denied
reenlistment for substandard performance.  Review  of  the  service
medical records revealed  that  the  applicant  was  placed  in  an
alcohol rehabilitation program 10 Nov 81.  Over the last six months
of applicant's service (January to June 83), applicant had multiple
blood  pressure  measurements  taken  which  revealed  a  range  of
measurements from normal (126/82)  to  mildly  elevated  (142/100).
Applicant was advised to re-check his blood pressure at four  month
intervals.  During a full physical examination on  4  Jan  83,  the
examiner noted a grade I-II/VI systolic heart murmur  and  referred
the applicant for an echocardiogram performed  1  Feb  83,  showing
mitral valve prolapse (a  common  congenital  abnormality  seen  in
adults, usually asymptomatic with a benign prognosis requiring only
routine follow up with their primary provider and  antibiotics  for
dental procedures).  The applicant  was  advised  that  no  ongoing
treatment was necessary, except  that  he  should  have  antibiotic
prophylaxis when undergoing dental procedures.  He was arrested for
public intoxication on 30 Jan 83.  The  arrest  report  revealed  a
blood pressure reading of 200/140 at the time of arrest,  the  only
significant deviation from his blood pressures during that  period.
On 1 Feb 83, his blood pressure was 141/88.   In  Mar  83,  he  was
arrested for Driving While Intoxicated.  Due to the alcohol-related
incidents he was sent to the Alcoholism  Rehabilitation  Center  at
Sheppard AFB for intensive  inpatient  alcohol  rehabilitation.   A
complete history and physical was accomplished when he was admitted
on 26 May 83.  His blood pressure was 116/90  on  4  Jun  83.   The
attending physician obtained an extensive history of alcohol  abuse
associated with black  out  spells  from  the  applicant.   He  was
discharged early from the program due to his resistance and lack of
progress.  Applicant was not selected for reenlistment due to  poor
duty performance and separated on 29 Jun 83, at the  expiration  of
his term of service.

The  applicant  experienced  intermittent,  elevations   of   blood
pressure while in the service.  In accordance with the standards of
medical care at that time, the blood pressure measurements did  not
require treatment, other  than  continued  observation.   The  only
major elevation of his blood pressure came at a time  when  he  was
arrested for public intoxication  and  subsequent  measurements  of
blood pressure  showed  return  to  values  that  did  not  require
treatment.  The elevated blood pressure that he experienced on that
occasion  could  be  attributed  to  several   extraneous   causes,
including the amount of alcohol consumed,  the  anxiety  associated
with being arrested and the difficulty in getting an accurate blood
pressure measurement in a busy police station.   Neither  his  pre-
hypertension nor his mitral valve prolapse were  unfitting  at  the
time of discharge, and did not warrant referral into the Disability
Evaluation System.  Although hypertension  is  a  risk  factor  for
cerebral vascular accidents, a stroke many  years  later  does  not
represent a basis for a retroactive DOD  disability  determination.
The applicant's alcohol use during the last two years of service is
well documented in the service medical records from the  Alcoholism
Rehabilitation Center at Sheppard AFB, in addition to reports  from
his commander of two civilian arrests for alcohol  abuse,  one  for
public intoxication and the other for a DWI. There was no  evidence
presented  to  support  any   other   finding.    The   applicant's
intermittently  elevated  blood  pressure  readings   (early   mild
hypertension by today's standards) did  not  cause  his  poor  duty
performance or his behavior  associated  with  his  alcohol  abuse.
Alcohol abuse is not a ratable or compensable condition  under  the
rules  of  the  DES.   There  is  documentation  of  two   physical
examinations within the last six months of applicant's active duty.
 One was a routine physical examination on 4 Jan 83 and  the  other
was an admission history and physical performed at  the  Alcoholism
Rehabilitation Center at Sheppard AFB on 26 May 83.  Because  these
two physical examinations were completed so close to the separation
date,  no  formal  "discharge   physical"   was   necessary.    The
applicant's medical records were reviewed by medical authorities at
the time of separation and determined that  a  separation  physical
examination was not required according to Air  Force  policy.   The
preponderance of the evidence of record clearly shows there were no
conditions that were unfitting  for  military  service  that  would
warrant referral into the Disability Evaluation System.  Action and
disposition in  this  case  are  proper  and  equitable  reflecting
compliance with Air Force directives that implement the law.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In  the  applicant’s  response,  he  explained  the   charges   for
intoxication resulted in a  finding  of  not  guilty.   He  further
explained the circumstance surrounding his medical treatment  while
serving on active duty and that his  medical  conditions  he’s  now
experiencing  were  due  to  his  service-connected  condition   of
hypertension and blackouts, and not alcohol.

Applicant’s complete response, with attachments, 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 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 an error or  an  injustice.   We  took
notice of the applicant's complete submission in judging the merits
of the case.  The applicant requests  his  honorable  discharge  be
changed to a disability retirement with back pay and  entitlements,
and any reference to alcoholism and subsequent placement  into  the
Alcohol/Drug Rehabilitation Program be voided.  However,  we  found
no evidence which would lead us to  believe  that  the  applicant's
separation or reason for separation was in error or contrary to the
governing  Air  Force  regulations.   While   the   applicant   did
experience medical problems while  on  active  duty,  we  found  no
evidence that his medical conditions at the time of  his  discharge
rendered him unfit for continued military service.  The applicant’s
case has  undergone  an  exhaustive  review  by  the  BCMR  Medical
Consultant and there is nothing in the  evidence  provided  by  the
applicant  that  would  overcome  his  assessment  of   the   case.
Therefore, we agree with the Medical  Consultant’s  recommendations
and adopt the rationale expressed as the  basis  for  our  decision
that the applicant has failed to sustain his  burden  that  he  has
suffered either an error  or  an  injustice.   In  the  absence  of
persuasive 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 AFBCMR Docket  Number
BC-2006-00046 in Executive Session on  29  March  2007,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. James L. Sommer, Member
      Ms. Sharon B. Seymour, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Feb 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR Medical Consultant, dated 5 Jan 07.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jan 07.
    Exhibit E.  Letter, Applicant, dated 3 Feb 07, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair

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