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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