RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02871
COUNSEL:
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His honorable discharge be changed to a medical separation and he
receive medical compensation retroactive as of 6 April 1983.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not officially discharged from his military obligation.
His discharge was not justified. He did not sign his NGB Form
22, Report of Separation and Record of Service.
In support of his request, the applicant submits a personal
statement, documents extracted from his military personnel
records, and medical documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants NGB Form 22 reflects he served a total of
15 years 8 months and 7 days of service.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained in
the letter prepared by the appropriate office of the Air Force at
Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial. The Medical
Consultant notes the NGB Form 22 was altered by the applicant
with the added word Medical and the physicians caduceus symbol
affixed to the document. This is presumably to show the
progression of the applicants disease in 2007, assuming these
are indeed photographs of his leg.
To give the Board an overview of how the Air Force views
conditions like the applicants, AFI 48-123, Medical Examinations
and Standards [for Retention], under the subject of vascular
conditions, the Consultant notes that chronic venous
insufficiency (postphlebitic syndrome), is listed among
potentially disqualifying medical conditions, when symptomatic
or requiring elastic support or chronic anticoagulation. The
applicants early photographs are suggestive of stasis
dermatitis, which likely had its origin in venous insufficiency.
The applicants later photographs represent a marked progression
of the disease entity, as reflected by the large ulcer crater on
the left leg and associated lower limb swelling. Also, under AFI
48-123, varicose veins, when they are severe and symptomatic
may also be disqualifying and may preclude continued military
service. However, with respect to the applicants eligibility
for military disability compensation, even under a presumption
that his medical condition was service incurred or aggravated,
the photographs alone are insufficient to determine that he
should have been placed on Medical Hold for the purpose of
conducting a Medical Evaluation Board in 1983; or that he would
have been found unfit for continued service by a Physical
Evaluation Board, were he not already separating under provision
of ANGR 39-10.
The applicant has supplied no evidence that his duty performance
was considered inadequate at the time of his release from
military service, nor is there evidence of inadequate duty
performance that was caused by his medical condition.
The Medical Consultant is not apprised of whether the applicant
has received service connection and compensation by the
Department of Veterans Affairs (DVA) as of this date. He is
nevertheless advised that the military Departments, operating
under Title, 10, United States Code (U.S.C.), only offers
disability compensation for and when a medical condition is the
cause for career termination; and only to the degree of
impairment present at the snap shot time of final military
disposition.
The presence of a medical condition that was not unfitting while
in service, and was not the cause of separation or retirement,
that has later progressed in severity causing disability
resulting in possible service connected DVA compensation is not a
basis to grant retroactively 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 Medical Consultants complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided documents extracted from his military
personnel records and medical documentation.
The additional documentation provided 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an 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 AFBCMR Medical Consultant 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.
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 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-2011-02871 in Executive Session on 8 May 2012, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-02871 was considered:
Exhibit A. DD Form 149, dated 18 August 2011, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, AFBCMR Medical Consultant,
dated 16 December 2011.
Exhibit D. Letter, SAF/MRBC, dated 20 December 2011.
Exhibit E. Additional Documentation, Applicant.
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