RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-02836
            INDEX CODE: 110.00
XXXXXXX                           COUNSEL:  NONE
                                   HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 23 MARCH 2008

______________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect a permanent disability retirement.
______________________________________________________________

APPLICANT CONTENDS THAT:

He was originally diagnosed by the medical staff at RAF Lakenheath Hospital
with Crohn's disease.  Based on this diagnosis his records  went  before  a
medical review board.  The board determined a temporary retirement  with  a
30 percent  rating.  He  believes  the  decision  was  based  on  incorrect
information. Consequently he was released from active  duty  depriving  him
and his family of their entitlements.   The  applicant  provides  a  report
indicating he does not and never had Crohn's disease.

In support of his request, the  applicant  submits  medical  documentation,
copies of his Combat Related Special Compensation application  and  his  DD
Form 214, Certificate of Release or Discharge from Active Duty.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the Personnel Data System indicates on 22 Jul  81,  the
applicant enlisted in the Air Force.  On 5 Jul 96, the applicant was placed
on the Temporary Disability Retired List (TDRL) in the grade  of  technical
sergeant with a 30 percent compensable rating for his physical  disability.
He was removed from the TDRL and discharged with severance pay  on  11  Feb
98.

He served a total of 14 years, 11 months and 14 days on active duty.

________________________________________________________________




AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends denial.  DPPD states a review  of  the  applicant's
military personnel records reveal his evaluation on 15 Feb 96 indicated  he
had been diagnosed with Crohn's, limited to the  ileum,  in  Dec  95.   His
medical board narrative dated, 28 Feb 96,  shows  the  final  diagnosis  of
Crohn's Disease.  The applicant and his spouse were counseled on  the  long
term prognosis of Crohn's being extremely variable.  The Informal  Physical
Evaluation (IPEB) reviewed the documents submitted by the applicant and the
medical records at the time of his discharge and  was  very  confident  the
diagnosis of Crohn's disease was correct.

The complete DPPD evaluation is at Exhibit C.

HQ AFPC/DPPRRP recommends denial.  DPPRRP states time  spent  on  the  TDRL
does not count as active service for retirement even though a member may be
later found to be fit for duty by a physical  evaluation  board  (PEB)  and
returned to active duty.  The law clearly states to  retire  under  10  USC
8914, the applicant must have at least 20 years  of  active  service.   All
documentation indicates he has 14 years, 11 months and 14  days  of  active
service, insufficient to retire  under  10  USC  8914.   In  addition,  his
application is submitted more than three years from the time  in  which  he
should have known an error existed.

The complete DPPRRP evaluation, with attachments, is at Exhibit D.

The BCMR Medical Consultant  recommends  denial.   The  Medical  Consultant
states  Crohn's  disease  is  a  chronic  inflammatory  process   primarily
involving the intestinal tract.    It is a chronic condition and may  occur
at various times over a lifetime.   Some  patients  have  long  periods  of
remission, sometimes for years, when they are free of symptoms.   There  is
no way to predict when a remission may occur or when symptoms will  return.
The cause of Crohn's disease is unknown but it is  thought  to  involve  an
inflammatory process.  The recent blood test the applicant references  were
not routinely available at  the  time  of  the  original  diagnosis,  which
represented the best opinion of medical authorities at that time.  The test
is reported to be over 90% accurate.  The applicant had  appropriate  signs
and symptoms consistent with an inflammatory bowel  disease,  and  probably
Crohn's disease, during his military career.  Even if the diagnosis was not
Crohn's  disease,  but  rather  another  inflammatory  bowel  disease,  the
symptoms, albeit mild, lasted for several years and would  be  inconsistent
with the stressors associated with military service.  While he has been  in
remission, he bears the risk for deterioration that could put  himself  and
his unit's mission at grave risk.  Thus the medical consultant opines  that
the decision to discharge the  applicant  for  his  medical  condition  was
appropriate regardless of the specific diagnosis.   The  applicant's  post-
service medical history implies his case was rather mild and he could apply
for a waiver to return to the Air Force to complete his service.   However,
there is no guarantee, in this age of troop reductions, that a waiver would
be accepted.  The preponderance of evidence of the record  shows  that  the
applicant's condition was properly diagnosed at the time of his  discharge.
The applicant's contention  that  he  does  not  have  Crohn's  disease  is
inconsistent with the evidence of record at the time of  his  placement  of
the TDRL  and  shortly  after  TDRL  placement  when  he  appealed  to  the
Department of Veterans Affairs to gain a higher disability  rating  because
of Crohn's disease.  The Medical  Consultant  concludes  that  actions  and
dispositions  in  this  case  are  proper  and  equitable  reflecting   the
compliance with the Air Force directives that implement the law.

The complete Medical Consultant evaluation is at exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he was diagnosed with Crohn's  in  December  1996  but
does not have it.  He was  placed  on  the  TDRL  just  16  days  short  of
eligibility for a 15-year retirement and 5 years and 16 days short of a 20-
year retirement.  He was rated at 30% based on  the  diagnosis  of  Crohn's
disease.  He did not suffer long term symptoms of Crohn's as referred to in
the professional analysis of his case.  The VA rated  him  zero  one  month
after being placed on TDRL by the medical board.  He  was removed from TDRL
based on the VA rating and given severance pay instead of retirement due to
a 10% rating, under 20% and under 20 years.  After appealing to the VA,  he
was upgraded to 10%.   He asked if the medical review board  had  known  he
did not have Crohn's, would he have  been  separated.   In  conclusion,  he
offers to meet with anyone to discuss details pertaining to his  case.   He
believes he deserves to be allowed to  retire  and  receive  benefits.   He
states it will never be known what he was suffering from at that  time  but
it was not Crohn's Disease.  The total time he suffered was less  than  six
months out of the 14 years, 11 months and 14 days he served.  He would have
served 20 if given the opportunity.  He believes he  should  be  granted  a
waiver of 16 days to retire at 15 years.  This would allow  him  to  retire
and receive retirement pay based on the 15 years he served.  He would agree
to a 15-year retirement under the circumstances of this misdiagnosis.    He
also believes he should be entitled to all retiree benefits.

His complete response, with attachments, is at Exhibit F.

________________________________________________________________

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 error or injustice.  After a thorough review of  the  evidence
of record and applicant’s submission, we find no evidence of  an  error  in
this case and are not persuaded by his assertions, that  he  has  been  the
victim  of  an  error  or  injustice.   We  agree  with  the  opinions  and
recommendations of the Air Force offices of  primary  responsibilities  and
adopt their rationale as basis for our conclusion that the applicant's case
was properly evaluated and that he received  full  and  fair  consideration
under the applicable directives.  Therefore, in the absence of evidence  to
the contrary, we find no compelling basis upon which to favorably  consider
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 issues 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 AFBCMR Docket Number BC-2006-
02836 in Executive Session on 28 August 2007, under the provisions  of  AFI
36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Elwood C. Lewis III, Member
                 Mr. Mark J.  Novitski, Member







The following documentary evidence pertaining to AFBCMR Docket  Number  BC-
2007-02836 was considered:

    Exhibit A.  DD Form 149, dated 12 Spetmebr 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 15 December 2006.
    Exhibit  D.   Letter,  AFPC/DPPRRP,  dated  28  December  2006,
w/atchs.
    Exhibit E.  Letter, Medical Consultant, dated 16 July 2007.
      Exhibit F.  Letter, SAF/MRBR, dated 23 July 2007.
    Exhibit G.  Letter, Applicant, dated 19 August 2007, w/atchs.




                                        JAMES W. RUSSELL III
                                        Panel Chair