RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03294 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His medical records be processed for medical disability by a 
Medical Evaluation Board (MEB). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He should have been processed as medically disabled in 1996 
versus simply retired to allow his family the appropriate 
benefits. No MEB was conducted and his paperwork was initiated 
the same day as his surgery. The Veterans Affairs (VA) office 
continues to omit any review of his active duty medical records 
and rely solely on their single opinion from their 
gastroenterologist. Previous symptoms/attacks of his pancreatic 
and his lifelong Protein S deficiency was unknown prior to his 
entry to service and was aggravated by his service. These 
conditions were never considered during his retirement 
processing or during his VA claim. 

 

In support of his appeal, the applicant provides his 
congressional inquiry, copies of his DVA medical records, 
excerpts from his master personnel records and other supporting 
documentation. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Air Force Reserve on 13 January 
1977. He received his commission on 9 December 1992. 
On 27 February 1996, he was medically disqualified for military 
duty due to Persistent Tracheotomy, Pancreatitis, Myocardial 
Infarction and amputation of all digits of the right hand. He 
was placed on the USAF Reserve Retired List effective 12 March 
1996. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force which is at Exhibits B. 

 


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AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends denial. The applicant 
previously asserted that his pancreatitis was the result of his 
elevated lipids profile dating back to a period in which he was 
characterized as active duty. He now concedes that Sphincter of 
Oddi dysfunction contributed to or caused his pancreatitis. The 
Medical Consultant adopts the analysis of the DVA 
gastroenterologist who opined that the applicant’s recurrent 
bouts of pancreatitis were due to Oddi dysfunction and that 
hyperlipidemia did not play a role in the applicant’s pancreatic 
disease. The existence of hyperlipidemia, a non-ratable and 
non-compensable risk factor for coronary artery disease does not 
alone infer or justify service connection for the subsequent 
myocardial infarction. 

 

There is also no basis in science or evidence of record to 
establish service aggravation of the applicant’s Protein S. 
deficiency, a genetic defect, notwithstanding his self reported 
environment, physical and mental stressors which he infers 
aggravated his condition. The tragic loss of the applicant’s 
fingers of his right hand was likely the collective result of 
the low blood flow state during resuscitation efforts to treat 
systemic shock, use of vasopressors, the impeding compartment 
syndrome of the right hand and his Protein S deficiency. The 
latter which also predisposed him to clotting further 
obstructing the vessels supplying the right and that resulting 
in the ischemic changes in fingers. 

 

In order for the applicant to be eligible for MEB processing and 
referral for a possible medical retirement, aside from first 
being disqualifying, the medical condition must be, in the case 
of a reservist found in the line of duty, or if determined to 
have existed prior to service, must show permanent aggravation 
by military service. Stated inversely, individuals with a 
disqualifying medical condition that is not considered duty 
related or permanently aggravated by military service are only 
eligible to enter the military Disability Evaluation System for 
a fitness-only review and not for disability compensation. 
Based upon the generous supply of administrative documentation 
supplied by HQ AFRES/SG, the applicant was considered eligible 
for DES processing as best determined by individuals most 
familiar with his medical condition and duty status at the time. 
He was offered transfer to the Retired Reserve. 

 

The applicant completed over 8 years of active service, 
rendering any conditions which existed prior to service eligible 
for service incurrence, by law, with the caveat that the 
condition must also have become unfitting or disqualifying 
during a period of active service. The Medical Consultant 
reviewed the applicant’s point credit summary and concedes it is 
difficult to determine which period of eligibility or 


ineligibility his chronic recurrent pancreatitis or its causes 
first began. Regardless of when the applicant’s Sphincter of 
Oddi dysfunction first began, the current evidence suggests that 
his pancreatitis and certain secondary disabilities became 
disqualifying while performing a period of non-active service, 
without sufficient evidence of permanent service aggravation. 

 

The Medical Consultant is sensitive to the life-threatening 
ordeal the applicant has previously experienced and the surgical 
procedures he has endured. However, when seeking evidence of 
error or injustice, the applicant has not met the burden of 
proof of error or injustice that warrants the desired change of 
the record. 

 

The complete BCMR Medical Consultant evaluation is at Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant responded to the BCMR Medical Consultant and asked 
the Board consider several issues of his complicated case. He 
addresses the 8 year rule as it applies to his case and suggests 
it is the reason he filed this request. He also addresses the 
conditions from which he suffers and explains how this has 
affected his life. He requests the Board allow an examination 
of his records by an MEB to make the determination whether or 
not his medical condition met standards for continued service. 

 

The applicant’s complete response, with attachments, is at 
Exhibit D. 

 

________________________________________________________________ 

 

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 an error or injustice. We 
carefully considered the available evidence of record; however, 
we found no indication the actions taken to affect the 
applicant’s transfer to the Retired Reserve was improper or 
contrary to the provisions of the governing instructions. 
Therefore we agree with the opinion and recommendation of the 
BCMR Medical Consultant and adopt his rationale as the basis for 
our conclusion that the applicant has not been the victim of an 
error or injustice. Although we are sympathetic to the 
applicant’s situation, 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 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 BCMR Docket Number 
BC-2011-03294 in Executive Session on 17 May 2012, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 9 May 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 10 Jun 11. 

 Exhibit D. Letter, AFPC/DPSOS, dated 11 Jul 11. 

 Exhibit E. Letter, SAF/MRBR, dated 29 Jul 11. 

 Exhibit F. Applicant’s Response, dated 10 Aug 11. 

 Exhibit G. IMA Medical Advisor, dated 18 Oct 11. 

 Exhibit H. Letter, SAF/MRBR, dated 3 Nov 11. 

 Exhibit I. Applicant’s Response, dated 9 Dec 11. 

 

 

 

 

 

 Panel Chair