RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01738
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: DEC 10, 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be changed to reflect permanent disability retirement  with  a
disability rating of 100 percent.
 _________________________________________________________________

APPLICANT CONTENDS THAT:

He was medically discharged for repeated episodes of  syncope  and  was  not
given any disability for it.  The episodes continue today.

At the time of his discharge, he was advised by a doctor  not  to  drive  or
attempt work.

In  support  of  his  request,  the  applicant  has  provided  a   copy   of
correspondence between himself and the U.S. Department of Labor.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty Air Force on 21 May 41.  He served  for  a
period of 30 years, 3 months, and 2 days.

The applicant served as an aircraft maintenance technician and was  involved
in the testing program for the development of the atomic bomb.

The applicant met a Medical Evaluation Board on 8  Jun  71,  which  referred
his case to the Physical Evaluation Board.

On 14 Jul 71, the Informal Physical Evaluation Board  recommended  permanent
retirement with a 70 percent disability  rating  for  status  post  fracture
left medial tibial plateau and  status  post  multiple  surgical  procedures
(rated at 40 percent disability), status post trauma to the right knee  with
menisectomy for correction, now with severe  degenerative  arthritis  (rated
30 percent disability), and status  history  of  trauma  to  low  back  with
chronic recurrent pain (rated 10 percent disability).

The  applicant  accepted  the  determination  of   the   Informal   Physical
Evaluation Board and was disability retired on 21 Aug 71.

Relevant facts are  outlined  in  the  BCMR  Medical  Advisor’s  opinion  at
Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of  the  applicant’s  request.
The Air Force awarded the applicant  a  70  percent  disability  rating  (40
percent for left knee pain, 30 percent for right knee pain, and  10  percent
for low back pain) on 21 Aug 71.

On 23 Aug 71, the Veteran’s Administration (VA) conducted an evaluation  and
the only two stated ongoing injuries were the loss of use of the  right  arm
and hand and frequent pain in the back and chest, which were  not  rated  by
the VA.

The applicant applied for a disability  claim  under  the  Energy  Employees
Occupational Illness Compensation Program Act, which was denied  4  Apr  06.
In his letter of appeal to the U.S. Department of Labor,  he  reported  that
while on temporary duty to Kirtland AFB, NM, he was trained to fly over  the
atomic bomb testing at White Sands Missile Range and  other  locations,  for
the purpose of checking the effects of the  atomic  weapons  and  radiation.
He stated that most of the personnel  with  whom  he  worked  with  died  of
cancer-related illnesses.

In the applicant’s 20 Apr 06  VA  rating  decision,  he  was  awarded  a  40
percent disability rating for  lumbosacral  strain  with  degenerative  disc
disease, 60 percent for fractured left tibia with  arthritis,  postoperative
total knee replacement, and 30 percent for right knee arthritis.

The highest disability retirement compensation  allowable  by  law  in  this
case is equivalent to a 75  percent  rating,  even  if  the  applicant  were
awarded a 100 percent disability rating.  Disability  compensation  at  that
time was tax-free  and  the  70  percent  disability  rating  the  applicant
received would likely allow the applicant more compensation than a  regular,
non-medical, retirement  with  30  years  of  service.   Currently,  retired
individuals with 30 years of service  who  are  entitled  to  a  75  percent
retirement  and  also  have  a  70  percent  disability  rating  are   given
retirement compensation at the 75 percent rate.  The  first  70  percent  of
this compensation (out of 75) would be  considered  disability  compensation
(the  other  5  percent  would  be  considered  normal  length  of   service
retirement compensation).

The mere presence of a medical condition  does  not  qualify  a  member  for
disability.  The mere fact that the DVA may grant certain service  connected
compensation ratings does not  establish  eligibility  for  similar  actions
from the Air Force.  By law,  payment  of  VA  disability  compensation  and
military disability pay for the same  medical  condition  or  disability  is
prohibited.

The DVA provides  compensation  to  radiation  exposed  veterans  under  two
programs, a presumptive program covering veterans who developed  one  of  21
types of  specific  cancers,  and  a  non-presumtive  program  which  covers
diseases not covered in the presumptive program  and  considers  amount  and
duration of radiation exposure, and elapsed time between exposure and  onset
of disease.  The applicant  has  not  developed  any  disease  the  DVA  has
identified as potentially related to radiation exposure, with  the  possible
exception of a specific form of cataract.

If a service-connected condition worsened to the level causing a  disability
after discharge from active duty, the VA is empowered to evaluate  and  rate
those conditions according to their guidance.

The preponderance of evidence of  the  record  shows  that  the  applicant’s
condition  was  appropriately  adjudicated  and  all  unfitting   conditions
present at that time were correctly addressed.  Action  and  disposition  in
this case are proper and equitable  reflecting  compliance  with  Air  Force
directives that implement the law.

The complete evaluation of the BCMR Medical Advisor is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11  Apr
07 for review and comment within 30 days.  As of this date, this office  has
not received a response.

_________________________________________________________________

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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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  2006-01738  in
Executive Session on 15 May 2007, under the provisions of AFI 36-2603:

      Mr. Michael V. Barbino, Panel Chair
      Mr. John B. Hennessey, Member
      Mr. Don H. Kendrick, Member

The following documentary evidence was considered for Docket Number BC-2006-
01738:

    Exhibit A.  DD Form 149, dated 2 Jun 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memo, BCMR Medical Consultant, dated 9 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Apr 07.




                                   MICHAEL V. BARBINO
                                   Panel Chair