RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04424 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He receive reserve retired pay, to include commissary, base 
exchange and space-A travel privileges. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. He was granted service-connection for type II diabetes due to 
his exposure to Agent Orange. 

 

2. He was discharged for diabetes. 

 

In support of his request, the applicant provides a personal 
statement, copies of his DD Form 256AF, Honorable Discharge Certificate, and other documentation associated with his 
request. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 11 Jan 66, the applicant enlisted in the Regular Air Force 
and was discharged on 3 Jul 73. He served 7 years, 7 months and 
10 days of total active service. 

 

On 3 Jun 10, the applicant was granted service-connection for 
adult onset diabetes mellitus associated with herbicide exposure 
and amputation right great toe, sub first metatarsophalangeal 
joint (MPJ), as secondary to the service-connected disability of 
adult onset diabetes mellitus. 

 

The applicant’s Department of Veteran’s (DVA) disability 
compensation rating states that a review of his service 
treatment records, “does not establish that he was treated for 
or diagnosed with diabetes in service, nor does the evidence of 
record establish that his diabetes manifested to a compensable 
degree within one year of discharge of active military service.” 

 

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

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends denial. The medical 
consultant states the applicant has not met the burden of proof 
of an error or injustice, as there is no documentation that his 
illness affected his fitness for duty. 

 

The Medical Consultant states that a medical retirement results 
from an illness or injury which renders an individual unfit, 
rather than merely service-connected. If the illness had arisen 
during active duty and if he was found unfit for duty because of 
the illness, then he would have been eligible for processing 
under the Physical Evaluation System. As his illness did not 
manifest until many years after his service was complete, there 
is neither evidence nor suggestion that he was ever found unfit 
for duty due to his diabetes while on active duty. The DVA has 
already concluded that his illness did not arise until after his 
military service was complete. 

 

The complete BCMR Medical Consultant evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

By letter dated 31 Jul 12, the applicant states that he was 
asking for an adjustment to his reserve records, not his active 
duty records. He was discharged from reserve duty, not active 
duty. He had almost 15 years of service and was going for his 
reserve retirement pay and benefits when he was discharged for 
service-connected diabetes as indicated by the DVA. 

 

The applicant’s complete submission 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 BCMR MedicalConsultant and adopt his 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. With respect to 
the applicant’s rebuttal comments to the BCMR MedicalConsultant’s advisory opinion, the Board acknowledged the 
clarification that his request was for an “adjustment” to hisReserve records and not his active duty records. The Board alsonoted the applicant had not yet achieved 15 years of 
satisfactory service which would have otherwise qualified him 
for a transfer to the Retired Reserve List and receive 
retirement pay and benefits at age 60. Instead, the applicant 
was disqualified for continued service for a medical conditionthat was likely found notin-line-of-duty. For individuals 
serving in a period of 30 days or less at the time an illness orinjury becomes disqualifying, in order for the condition to be 
considered in line of duty, there must be evidence the condition 
was the proximate result of performing military service or was 
permanently aggravated by military service. The recordindicates the applicant was not serving an active period of 
31days or more when he was disqualified for military service. 
Additionally, the applicant’s points summary does not reflect 
achievement of at least 8 years of active service; therefore, he 
would not qualify for a medical separation under today’s10U.S.C., 1207a “Eight-Year Rule” standards. Nevertheless, the 
Board acknowledged the Department of Veterans Affairs awarded 
the applicant service-connection and compensation for his 
Diabetes, under an established policy which assumes certain 
diseases can be related to a veteran’s qualifying militaryservice. Specifically, Type II Diabetes is included among a 
listing of "presumptive diseases" designated for veterans who 
developed the disease and were exposed to Agent Orange or other 
herbicides during their military service. Theindividual doesnot have to prove a connectionbetween their disease and 
military service to be eligible to receive DVA disability 
compensation in these cases. A review of the available medical 
evidence reflects the applicant’s Type II Diabetes was assigned 
a disability rating of 20 percent, which, even if found in lineof duty by the Military Department, would not have reached the 
minimum rating threshold to qualify for a medical retirement. 
The Board thanks the applicant for his service, but again found 
the burden of proof was not met of an error or injustice that 
warrants the desired change of the record. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.

THE BOARD DETERMINESTHAT:

The applicant be notified the evidence presented did notdemonstrate the existence of material 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-2011-04424 in Executive Session on 15 Nov 12, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 28 Oct 11, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. Letter, BCMR Medical Advisor, dated 28 Jan 12. 

 Exhibit D. Letter, SAF/MRBC, dated 24 Jul 12. 

 Exhibit E. Letter, Applicant, dated 31 Jul 12. 

 

 

 

 

 

 Panel Chair