RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01414 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

 1. His records be corrected to reflect he was medically 
retired. 

 

 2. His medical records be reviewed by an Air Force 
neurologist specializing in Multiple Sclerosis (MS). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In Sep 11, he was diagnosed with MS. The Department of Veterans 
Affairs (DVA) granted him a 30 percent compensable rating for a 
service-connected disability. If the MS was discovered while he 
was on active duty, he would have most likely been 100 percent 
medically retired from military service. He would like the same 
benefits and privileges he would have received had he been 
diagnosed with MS while on active duty. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 18 May 06, the applicant was honorably discharge for 
completion of required active service. He served 9 years 
11 months and 20 days on active duty. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Advisor recommends denial. The Medical Advisor 
notes the applicant’s records show he had symptoms believed to be 
associated with a temporary sciatic nerve injury. He experienced 
three (3) episodes noted after trauma and/or unusual physical 
strain. 

 

The Medical Advisor notes the applicant was never removed from 
flying duties for the episodes; he was always able to perform his 
duties; there was no evidence of missed duty days or profile 
limitations; and, all his physical exams described his health as 


great/excellent or outstanding. In addition, he was not 
considered unfit and his condition did not terminate his career 
and there were no impairments at the time of his separation. 

 

The Medical Advisor notes the military Disability Evaluation 
System (DES), established to maintain a fit and vital fighting 
force, can by law under Title 10, United States Code (U.S.C.) 
only offer compensation for those service incurred diseases or 
injuries which specifically rendered a member unfit for continued 
active service and were the cause for career termination; and 
then only for the degree of impairment present at the time of 
separation and not based on future occurrences. 

 

On the other hand, the DVA is authorized to offer compensation 
for any medical condition with an established nexus with military 
service, without regard to its demonstrated or proven impact upon 
a service member’s retainability, fitness to serve, narrative 
reason for separation or the intervening or transpired period 
since the date of separation. 

 

The Medical Advisor states it could not be established that the 
applicant was unable to reasonably perform his military duties 
due to one or more medical conditions during his military 
service. 

 

The complete BCMR Medical Advisor’s evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

In further support of his appeal, the applicant states his MS 
symptoms appear and then disappear after the nerve heals leaving 
scarring visible during an Magnetic Resonance Imaging (MRI). He 
experienced strange sensations while on active duty and wonders 
how long his MS went untreated. His neurologist states he has 
had MS for approximately 10 years. 

 

He does not have medical documentation from his military service 
which shows him unfit for duty. He believes that MS could be an 
explanation for his visits to the flight doctor for tingling 
sensations, difficulty lifting weights, slipping and/or falling. 
He was not looking for reasons not to fly during the time because 
he wanted to fulfill his duties as an Air Force officer. 

 

He left the Air Force for personal reasons after fulfilling his 
commitment. He believes a review of his medical records by an 
Air Force neurologist who specializes in MS would associate his 
symptoms while on active duty with the disease. 

 


Presently, he is fairly healthy with minimal disabilities; 
however, the damage that has been done to his central nervous 
system is permanent and the future effects of the damage are 
unknown. If he had been diagnosed with MS at the time of his 
separation, he would have been medically retired. 

 

The applicant’s complete response, with attachment, 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 error or injustice. The applicant 
contends the DVA granted him 30 percent disability and if the MS 
would have been discovered while he was on active duty, he most 
likely would have been rated 100 percent by the Air Force and 
medically retired. He also requests a review of his medical 
records by an Air Force neurologist specializing in MS. However, 
after a thorough review of the evidence of record and his 
complete submission, we are not persuaded that at the time of his 
2006 discharge he had a medical condition that was unfitting for 
continued military service. Therefore, we agree with the opinion 
and recommendation of the BCMR Medical Advisor and adopt the 
rationale expressed as the basis for our decision that the 
applicant has failed to sustain his burden that he has suffered 
either an error or an injustice. Hence, we find no basis to 
recommend granting the relief sought. 

 

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 issue(s) 
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 this application in 
Executive Session on 14 Feb 13, under the provisions of AFI 36-
2603: 

 

 , Panel Chair 

 , Panel Member 

 , Panel Member 

 

The following documentary evidence was considered in AFBCMR BC-
2012-01414: 

 

 Exhibit A. DD Form 149, dated 13 Apr 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, BCMR Medical Advisor, dated 2 Jan 13. 

 Exhibit D. Letter, SAF/MRBR, dated 14 Jan 13. 

 Exhibit E. Letter, Applicant, dated 3 Feb 13. 

 

 

 

 

 

 

 Panel Chair