RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02414
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The former members Length of Service retirement be changed to a
disability retirement with a compensable disability rating of
100 percent.
________________________________________________________________
APPLICANT CONTENDS THAT:
The decedent should have been medically retired versus receiving
a length of service retirement because he was a Gulf War veteran
originally rated 30 percent disabled with a service connected
disability by the Department of Veterans Affairs (DVA). He is
now presumed rated 100 percent disabled due to conditions
incurred or aggravated in the line of duty, as he died from
complications of heart related conditions.
The decedent experienced extreme fatigue, heartburn, high blood
pressure, high cholesterol, shoulder, arm, joint pains, aching
joints, Irritable Bowel Syndrome (IBS), headaches, upper gastro-
intestinal (GI) issues and symptoms, muscle pain and weakness
for years after the gulf war and continued for the rest of his
life, and he died of heart related conditions. Based upon these
conditions he would have been rated 100 percent disabled.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the available records, on 30 Nov 01, the decedent was
honorably relieved from active duty, with a reason for
separation of sufficient service for retirement. He was
credited with 20 years and 13 days of active service for
retirement.
________________________________________________________________
THE AIR FORCE EVALUATION:
The AFBCMR Medical Consultant recommends denial, stating, in
part, the military service history did not meet the criteria for
reclassification to a medical discharge.
The Medical Consultant opines this is a most regrettable account
of one of our members. The decedent spent 20 years in the Air
Force, voluntarily retired, and passed away approximately six
years after retiring. His military records show an active
career, but fail to support evidence that he was unfit to
perform his military duties. There are no profile documents to
support that he could not perform the duties commensurate with
his office, grade, rank and rating. Moreover, the decedents
discharge physical did not demonstrate the presence of a
disqualifying medical condition that warranted conducting a
Medical Evaluation Board (MEB) and referral to a Physical
Evaluation Board (PEB) for consideration of a medical
retirement.
The governing Department of Defense (DoD) Directive under para, Presumption of Fitness-Application states," Except for service
members previously determined unfit and continued in a permanent
limited duty status, service members who are pending retirement
at the time they are referred for physical disability evaluation
enter Disability Evaluation System (DES) under a rebuttable
presumption that they are physically fit. The DES compensates
disabilities when they cause or contribute to career
termination. Continued performance of duty until a service
member is approved for length of service retirement creates a
rebuttable presumption that a service member's medical
conditions have not caused a career termination.
The complete AFBCMR Medical Consultant evaluation is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
4 Feb 13 for review and response. As of this date, no response
has been received by this office (Exhibit D).
________________________________________________________________
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. 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 Medical Consultant and adopt the rationale expressed
as the basis for our conclusion the applicant has not been the
victim of an error or injustice. In addition, we note the
Military Disability Evaluation System (MDES) only offers
compensation for the medical condition that is the cause for
career termination; and then only to the degree of impairment
present at the time of final disposition or military separation.
Conversely, the Department of Veterans Affairs (DVA) operates
under a separate set of laws which takes into account the fact
that a person can acquire physical conditions during military
service that, although not unfitting at the time of separation,
may later progress in severity and alter the individual's
lifestyle and future employability. While we sympathize with
the applicant, regrettably, 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 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-2012-02414 in Executive Session on 7 Mar 13, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 May 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant,
dated 28 Jan 13.
Exhibit D. Letter, SAF/MRBR, dated 4 Feb 13.
Panel Chair
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