Search Decisions

Decision Text

AF | BCMR | CY2009 | BC-2008-02142
Original file (BC-2008-02142.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02142
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was  discharged  for  medical  reason
rather than unsuitability - apathy and defective attitude.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Prior to his discharge, he had signs  and  symptoms  of  diabetes  (elevated
glucose levels); however, his case was not processed  through  the  Military
Disability Evaluation System (MDES).

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 March 1971.

On 12 August 1975, the applicant  was  notified  by  his  commander  of  his
intent to recommend his discharge from the Air Force  under  the  provisions
of AFM 39-12, paragraph 2-4c.  The specific reasons  for  this  action  were
the applicant's failure to go on numerous occasions; on 8 February 1975  and
28 March 1975, the applicant did not  comply  with  the  bearing  and  dress
regulations; and on 24 July 1975, he was disrespectful in deportment  toward
a superior non-commissioned officer.

He was advised of his rights in this matter and acknowledged receipt of  the
notification  on  that  same  date.   After  consulting  with  counsel,  the
applicant waived his right to a hearing before an  administrative  discharge
board and elected not to submit statements in his own behalf.

In a legal review of the case file, the acting staff  judge  advocate  found
the case legally sufficient and recommended discharge.  On 18  August  1975,
the discharge authority concurred with the recommendations and  directed  an
honorable discharge.  Applicant  was  discharged  on  22  August  1975.   He
served 4 years, 5 months, and 24 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The  AFBCMR  Medical  Consultant  recommends  denial.   The  AFBCMR  Medical
Consultant states the applicant completed a  periodic  physical  examination
on 22 May 1975, presumably in preparation for separation, at which  time  he
summarized his previous medical history.  None of the entries  entered  into
the report included  signs  or  symptoms  diagnostic  of  or  suggestive  of
diabetes  mellitus.   Additionally,  the  applicant's  visual  acuity,  when
compared to his entrance examination dated 20  January  1971,  remained  the
same - 20/20 left eye and 20/40 right eye.

The applicant received  periodic  treatment  of  a  number  of  acute  minor
illnesses  and  trauma  during  his  military  service.   Although   macular
scarring, or a retinal pucker (irregular area of kinking of the  retina  due
to retraction of scar tissue) may be seen in diabetes, it  may  also  result
from other causes, such as ocular trauma or genetic factors.   Additionally,
although diabetics are at a  greater  risk  for  lower  extremity  secondary
wound infections, the applicant's previously infected  ingrown  toenail  and
an infected laceration of the foot, in an otherwise healthy appearing  young
adult, may not have resulted in the ordering of a fasting blood  glucose  or
initiation of other  diagnostic  screening  tests  for  diabetes.   Further,
although the applicant was placed on periodic limited duty  profiles  during
his military service, none of these reflected a period of restriction  or  a
level of restriction that would  have  warranted  processing  the  applicant
through the MDES.  In short,  none  of  the  applicant's  illnesses/injuries
encountered during his military service, were  the  cause  for  cutting  his
career short.

Had the applicant been diagnosed with diabetes prior to  separation,  as  he
suggests, and his condition  was  presented  before  a  Physical  Evaluation
Board, there is no high degree of certainty that he would  have  been  found
unfit at the time; particularly if the condition was  well  controlled  with
diet and exercise alone, or with only an oral hypoglycemic.  Following  this
hypothetical  line  of  thinking,  noting  that  the  applicant  would  have
concurrently faced an involuntary discharge, the final  disposition  of  his
case would have been determined via a "dual action" review by the  Secretary
of the Air Force Personnel Council.  Had  such  a  review  been  undertaken,
noting  the  lack  of  a  causal  or  mitigating  relationship  between  the
administrative violations and diabetes, the Medical  Consultant  is  of  the
opinion that, more likely than not,  the  applicant's  approved  involuntary
separation would have been executed.  Finally, although  the  Department  of
Veterans Affairs has granted the applicant a pension (rated  at  100%  as  a
housebound benefit) for  his  diabetes,  this  same  agency  has  failed  to
identify a service connection  for  the  condition,  citing  an  absence  of
evidence of record of the disorder during the applicant's military service.



The complete AFBCMR Medical Consultant evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 September 2008, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and comment within 30  days  (Exhibit  D).   As  of
this date, this office has received no 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  an  error  or  injustice  that  would  warrant  changing  the
applicant's reason for separation.  The  applicant's  contentions  are  duly
noted; however, sufficient evidence has not been provided to show  that,  at
the time of his separation, he suffered from a medical  condition  rendering
him eligible for consideration in the disability evaluation system.  In  the
absence of such evidence, we find no compelling basis to recommend  granting
the requested relief.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 this application in  Executive
Session on 6 January 2009, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Grover L. Dunn, Member
                 Ms. Audrey Y. Davis, Member


The following documentary evidence pertaining to AFBCMR Docket Number  BC-
2008-02142 was considered:

  Exhibit A. DD Form 149, dated 21 May 2008.
  Exhibit B. Applicant's Master Personnel Records.
  Exhibit C. Letter, AFBCMR Medical Consultant,
             dated 11 September 2008.
  Exhibit D. Letter, SAF/MRBR, dated 12 September 2008.





                       THOMAS S. MARKIEWICZ
                       Chair


Similar Decisions

  • AF | BCMR | CY2013 | bc-2011-04080

    Original file (bc-2011-04080.pdf) Auto-classification: Approved

    In view of the DVA rating decisions and the severity of her condition, the disability rating awarded by the Air Force should have been higher and she should have been retired by reason of physical disability. 60 percent – Requiring insulin, restricted diet, and regulation of activities with episodes of ketoacidosis or hypoglycemic reactions requiring one or two hospitalizations per year or twice a month visits to a diabetic care provider, plus complications that would not be compensable if...

  • AF | BCMR | CY2008 | BC-2007-03077

    Original file (BC-2007-03077.doc) Auto-classification: Denied

    Although service connection has been established by the DVA and the applicant has reportedly been awarded a disability rating of 100 percent, there is no compelling evidence the applicant’s arteriosclerotic cardiovascular disease (ASCVD) prevented him from reasonably performing the duties of his office, grade, rank and rating during the period of his military service and at the time of his retirement. Nonetheless, acknowledgment of the radiographic evidence of the ASCVD prior to the...

  • AF | BCMR | CY2006 | BC-1998-01124C

    Original file (BC-1998-01124C.doc) Auto-classification: Denied

    The decision noted the treatment for anxiety in the service and the 22 May 04 opinion of a DVA examination that concluded the applicant suffered from schizophrenia either during his military service or, more likely, in the year following military service in 1976. In a DD Form 149 dated 2 Sep 04, the applicant requested reconsideration, and submitted his 100% DVA rating for service- connected schizophrenia, 24 years after his discharge from the Air Force. The Consultant provided additional...

  • AF | PDBR | CY2011 | PD2011-00878

    Original file (PD2011-00878.docx) Auto-classification: Denied

    The PEB adjudicated the neuropathic abdominal wall pain and mood disorder as unfitting, rated 10% and 10%, with application of the SECNAVINST 1850.4E and Veteran’s Affairs Schedule for Rating Disabilities (VASRD). However, in May 2007, a neurologist evaluating her abdominal pain condition noted symptoms of depression and recommended treatment. Although the examiner did not record examination testing of memory, contemporaneous examinations (neurology and general medical) documented normal...

  • AF | BCMR | CY2008 | BC-2007-02990

    Original file (BC-2007-02990.DOC) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends granting the applicant's alternative request for relief of receiving a medical reason for discharge and a change in his reenlistment eligibility (RE) code to reflect a discharge for an unfitting medical condition. Had he been referred to a Medical Evaluation Board, and thereafter, to a Physical Evaluation Board (PEB), the applicant would likely have been found unfit...

  • AF | PDBR | CY2011 | PD2011-00301

    Original file (PD2011-00301.docx) Auto-classification: Denied

    CI CONTENTION : The CI states: “After 6.5 years dedicated to the Service of the Air Force (4 at USAFA and 2.5 full-time active), I was determined unfit physically due to the onset of Type 1 Diabetes Mellitus. Unfitting Condition: DM Type I Condition . Therefore, the Board determined that neither condition could be argued as unfitting at the time of separation from Service and subject to separation rating.

  • AF | BCMR | CY2004 | BC-2003-04134

    Original file (BC-2003-04134.doc) Auto-classification: Denied

    He was placed in a special high altitude chamber for the purpose of diagnostic and corrective adjustment at an altitude of 65,000 feet for a minimum of 15 minutes with his suit inflated. There is no relationship of this incident or flying duties to the subsequent diagnosis of his lung tumor. The Medical Consultant Evaluation is at Exhibit G. ODUSD(MPP)/Comp reviewed the applicant's request and concurs with the findings and recommendation of the BCMR Medical Consultant.

  • AF | PDBR | CY2014 | PD 2014 01466

    Original file (PD 2014 01466.rtf) Auto-classification: Denied

    SEPARATION DATE: 20090426 The CI was still taking oral medications only (no injected insulin) and had undergone surgery in March 2008 (Abdominoplasty) with continued high blood sugar levels (glucose 262 with normal 74-106) and high Glycosolated hemoglobin levels (A1C 9.5 with normal 4.2-7.0). I have carefully reviewed the evidence of record and the recommendation of the Board.

  • AF | BCMR | CY2002 | 0200212

    Original file (0200212.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00212 INDEX CODE: 108.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect that he was diagnosed with the hepatitis C virus. The hepatitis C virus was not known to medical science at the time the applicant states he had hepatitis and could not have been diagnosed as such. ...

  • AF | PDBR | CY2009 | PD2009-00364

    Original file (PD2009-00364.docx) Auto-classification: Denied

    Condition 3 : Other Conditions After careful consideration of all available information, the Board unanimously concluded that the CI’s condition is appropriately rated at a combined 20% for right and left knee osteoarthritis and no recharacterization of the CI’s disability and separation determination is warranted. The Air Force PEB rated under VASRD 5003 and the Board finds this code and rating is appropriate.