RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02133
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His honorable discharge be changed to a medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he should have been medically retired from the Air
Force Reserve due to a heart condition that was discovered and
diagnosed during an annual physical in 1984 and further evaluated
while in the Reserves from 1985 through 1990.
In support of his request, the applicant provides documents
extracted from his military personnel records and medical
documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 February 1979, the applicant enlisted in the Air Force
Reserve in the grade of airman first class (E-3). At that time,
he was credited with prior service in the U.S. Navy from
27 December 1968 through 26 December 1972. The applicant was
progressively promoted to the grade of staff sergeant (E-5).
Based on the ANG/USAFR Point Credit Summary prepared on 16 March
1991, the applicant's last documented participation with the Air
Force Reserve was on 6 February 1990 and at that time he was
credited with 16 years, 1 month and 1 day of satisfactory Federal
service.
Based on the Army National Guard Current Annual Statement
prepared on 7 July 1992, the applicant enlisted in the Army
National Guard on 14 December 1990 and was honorably discharged
effective 13 December 1991.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial. The AFBCMR
Medical Consultant states the applicants disease at the time of
his military service is presumed to have been mild in that he was
cleared by a cardiologist to perform unrestricted activities.
Under such circumstances, even if the applicant had undergone a
Medical Evaluation Board, the Consultant opines, more likely than
not, he would have been retained in active military service; or
if found unfit, would unlikely have reached the disability rating
threshold to qualify for a Medical Retirement. Disability
ratings for cardiovascular disease are based upon a group of
parameters codified as New York Heart Association Functional
Classification; utilizing metabolic equivalents, or METS, to
determine the level of impairment and corresponding disability
rating; based upon the METS, or the level of exertion required to
manifest symptoms such as shortness of breath, dizziness, chest
pain or fatigue. No such symptoms are reported (or recorded)
during either of the applicants periods of service.
On the other hand, operating under a different set of laws (Title
38, C.F.R.), the Department of Veterans Affairs (DVA) is
authorized to offer compensation for any medical condition
determined service incurred or aggravated, without regard to its
impact upon a service members retainability, fitness to serve,
or reason for separation. Even if the applicants current
medical conditions are ultimately considered service incurred,
they were either not present at the post-service level of
severity or were not unfitting while in service. This is the
reason why an individual can be found fit for service and yet
sometime thereafter receive a compensation rating from the DVA
for service-connected, but militarily non-unfitting conditions.
The presence of medical conditions that were not unfitting while
in service, and were not the cause of separation or retirement,
that later progressed in severity causing disability resulting in
service connected DVA compensation is not a basis to grant a
retroactive military disability discharge or disability
compensation. The Medical Consultant opines the applicant has
not met the burden of proof of an error or injustice that
warrants the desired change of the record.
The AFBCMR Medical Consultants complete evaluation, with
attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 February 2011, 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 an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the BCMR Medical
Consultants assessment and adopt his rationale as the basis for
our conclusion that the applicant has failed to sustain his
burden of proof of the existence of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or 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 AFBCMR Docket
Number BC-2010-02133 in Executive Session on 7 April 2011, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-02133 was considered:
Exhibit A. DD Form 149, dated 17 May 2010, w/atchs.
Exhibit B. Letter, AFBCMR Medical Consultant,
dated 2 February 2011.
Exhibit C. Letter, SAF/MRBR, dated 11 February 2011.
Panel Chair
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