RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01231
            INDEX CODE:  100.00
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive a permanent retirement at a 100% disability rating.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The disease he was retired for, narcolepsy, was the result of a heat  stroke
he suffered in basic training in  Texas  in  1954.   Its  effects  were  not
properly understood.  There was no medical doctor on the various  boards  he
met who was medically qualified to evaluate this disease.   Even  today  the
disease is not fully understood except by neurologists.   Some  years  after
his retirement the Department of  Veteran  Affairs  (DVA)  acknowledged  the
severity of his disability and awarded him 100% disability compensation.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 June 1954.

A Medical Evaluation Board (MEB) convened on 20 October  1959  and  referred
his case to an Informal Physical Evaluation Board (IPEB) with  diagnoses  of
narcolepsy and cataplexy.  The IPEB found him  unfit  for  further  military
service and placed him on  the  TDRL  effective  2  December  1959.   On  21
September 1962, the  applicant  was  reevaluated  for  superficial  varicose
veins  and  narcolepsy  with  associated  symptoms  of  catapexy  and  sleep
paralysis.  The case was referred to a Formal  PEB  (FPEB)  on  25 September
1962, which  recommended  retirement  with  a  30%  disability  rating.   On
31 October  1962,  the  Physical   Review   Council   concurred   with   the
recommendation and  directed  permanent  retirement  with  a  30% disability
rating.  On 30 November 1962,  applicant  was  removed  from  the  TDRL  and
permanently retired in the grade of airman first class.  He served 5  years,
5 months, and 4 days on active duty.

_________________________________________________________________


AIR FORCE EVALUATION:

Examiner's  Note:  The  AFBCMR  Medical  Consultant  prepared   an   initial
evaluation then prepared a revised evaluation  upon  receipt  of  additional
information.

In his revised  evaluation,  the  AFBCMR  Medical  Consultant  recommends  a
change in the records to show a 50% disability  rating  (60%  less  10%  for
EPTS) at the time of placement on TDRL on 2 December 1959 and a  50%  rating
(60% less 10% for EPTS) at the time the applicant  was  permanently  retired
on 6 November 1962.

The Air Force Disability Evaluation system can only rate conditions  at  the
time of the disability determination and not base their ratings decision  on
future findings.  No change in military disability ratings can  occur  after
permanent disposition under the rules of  the  military  disability  system,
even though the condition may become better or worse.   However,  Title  38,
USC authorizes the DVA to increase or decrease the DVA compensation  ratings
based upon the individual's condition at the time of future evaluations.

According to the  current  VA  Schedule  for  Rating  Disabilities  (VASRD),
narcolepsy is rated as if the patient had petit mal  epilepsy.   Using  this
rating schedule, patients who experience 5-8 minor  seizures  (as  in  petit
mal) per week would be eligible for a 40% disability rating.   At  the  time
of original placement on the  TDRL  (2  December  1959)  the  applicant  was
reported to be experiencing an average of one  episode  daily,  which  would
correlate to a 40% disability rating.  Upon review of the  VASRD  in  effect
at that time this would  correlate  to  a  60%  disability  rating  (attacks
averaging one per week, loss of  consciousness  with  other  subsequent  and
prolonged phenomena).

According to the current VASRD, patients who experience  9-10  episodes  per
week, as indicated by the applicant at the  time  of  TDRL  reevaluation  in
1962 are awarded a 60% disability rating.  Those with more than 10  episodes
per week are eligible for an 80% disability rating.  The appropriate  rating
for this condition would be 60%, based on the applicant's stated  increasing
frequency as his knowledge of the rating system increased and  his  lack  of
response to placebos.  Upon review of a VASRD in effect at the time  of  his
reviews, this would also correlate to a 60% disability rating.

The preponderance of evidence of  the  record  shows  that  the  applicant's
condition, narcolepsy, was not properly adjudicated according  to  standards
in use today.

The complete BCMR Medical Consultant’s evaluation, with  attachment,  is  at
Exhibit C.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states both evaluations are an insult to his intelligence  and
unbecoming of any proper medical consultant.  There are 40 years of  medical
records, 28 years at  the  Naval  Hospital  in  Rota,  Spain.   The  Medical
Consultant chose to ignore all of this and latch on to a statement  made  by
some loon psychiatrist, that he had said he had trances as a child and  that
this was probably a prelude to narcolepsy.  There  was  no  mention  of  the
heat stroke he suffered in basic training  in  July  1954.   The  evaluation
justified the low percentage awarded him by referring to the vas  comparison
to petit mal epilepsy, when such a comparison is incorrect.  The  point  was
made that the Air  Force  does  not  increase  its  disability  rating  just
because the disability gets worse.  He is requesting  a  correction  to  his
records not because this disability has gotten worse, because it is just  as
disabling now as it was 45 years ago.  He is requesting this change  because
of the ignorance of  those  responsible  for  retiring  him  with  just  30%
disability, when it should have been 100%.  At  least  qualified  people  at
the Social Security Administration awarded him 100%.

The 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of  an  error  or  injustice  warranting  partial  relief.   After
carefully reviewing the  evidence  of  record,  we  agree  with  the  AFBCMR
Medical Consultant  that  it  appears  the  applicant’s  condition  was  not
properly adjudicated according to standards in place  during  the  contested
time period.  Therefore,  we  believe  that  a  change  in  his  records  is
warranted  to  reflect  a  50%  disability  rating  at  the  time  of  final
disposition of his case.  We considered his request that  his  condition  be
rated  at  100%;  however,  other  than  his  own  assertions,  insufficient
evidence has been provided showing that at the  time  of  final  disposition
his condition had reached the level of severity warranting  a  100%  rating.
Accordingly, we recommend his records be corrected to the  extent  indicated
below.

_________________________________________________________________




THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to  show  that  at  the  time  of  his  disability
retirement on 30 November 1962, his condition was rated at 50%  rather  than
30%.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
01231 in Executive Session on 5 June 2008, under the provisions of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Panel Chair
                 Mr. Alan A. Blomgren, Member
                 Mr. Anthony P. Reardon, Member

All members voted to correct the  records  as  recommended.   The  following
documentary evidence pertaining to was considered:

   Exhibit A.  DD Form 149, dated 6 April 2007, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 6 November 2007.
   Exhibit D.  Letter, SAF/MRBR, dated 9 November 2007.
   Exhibit E.  Letter, Applicant, dated 18 January 2008, w/atchs.





                       THOMAS S. MARKIEWICZ
                       Chair





AFBCMR BC-2007-01231




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXX, be corrected to show that at the time of his disability
retirement on 30 November 1962, his condition was rated at 50%, rather than
30%.






      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency