RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03317
		COUNSEL: NO
		HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a full Medical Evaluation Board (MEB). 

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his Gulf War deployment, he acquired health illnesses to 
include undifferentiated connective tissue; fatigue; 
fibromyalgia; lupus; sjogren’s syndrome; gastrointestinal 
disorders; and Post-Traumatic Stress Disorder (PTSD) which 
caused his health to rapidly deteriorated upon his return from 
Iraq.

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; medical records, letters of support, and other various 
documents associated with his request.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to the AFRC/SGP memorandum, dated 22 Apr 10, the 
applicant was medically disqualified from continued military 
duty in accordance with AFI 48-123, Medical Examination and 
Standards due to Lupus (an autoimmune disease), Sjogren’s 
Syndome, chronic myalgia and requiring extensive drug therapy.  
The applicant’s case was forwarded to AFRC/A1KK for continued 
processing.  On 14 Jul 10, the Informal Physical Evaluation 
Board (IPEB) reviewed the applicant’s case and found him unfit 
to perform the duties of his office, grade, rank or rating due 
to Lupus Erythematosis with chronic myalgia and Sjogren’s 
Syndrome.

On 9 Aug 10, the applicant was notified of the IPEB’s findings. 
On 15 Aug 10, the applicant waived his right to a Formal PEB 
hearing.   

On 26 Oct 10, the applicant requested he be transferred to the 
Retired Reserve in lieu of an administrative discharge, 
effective 30 Jan 11.

On 27 Oct 10, Headquarters AFRC Military Personnel Division 
(AFRC/A1KK) notified the applicant of their intent to initiate 
his discharge from the Air Force Reserve for Physical 
Disqualification under the provisions of AFI 36-3209, Separation 
and Retirement Procedures for Air National Guard (ANG) and Air 
Force Reserve (AFR) Members.  

The applicant’s unit commander recommended to the 610 Regional 
Support Group commander (610 RSG/CC) that the applicant be 
allowed to retire since he was eligible with pay at age 60.  The 
610 RSG/CC concurred with the unit commander’s recommendation.

According to Reserve Order EK-0985, dated 18 Nov 10, the 
applicant was relieved from the 610 Security Forces Squadron 
(610 SFS), Carswell, Texas, assigned to the Retired Reserve 
Section and placed on the Air Force Reserve Retired List 
effective 30 Jan 11. 

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/SG recommends denial.  At the time of processing, the IPEB 
determined the applicant’s case was Line of Duty (LOD) NA.  The 
applicant never asserted any LOD connection when the case was 
worked and there was no evidence of a LOD requirement in the 
case as submitted.  A review of the documents submitted as part 
of his AFBCMR request does not change the fact that this is not 
a duty related condition according to AF guidance.  

The latency of 16 years between the alleged nexus of Gulf War I 
to a sudden onset of a connective tissue disorder a decade later 
is not medically supported by any long-term epidemiologic 
studies.  The same medical rationale applies to potential 
exposures to “burn pits” or depleted uranium during Operation 
ENDURING FREEDOM.  No objective studies have found a link to 
chronic fatigue, hematologic disorders, breathing disorders or 
connective tissue diseases. Thus none of these conditions are In 
the Line of Duty (ILOD) as applied to Air Force disability 
retirement.  This finding is in accordance to generally accepted 
medical principals.

SG does not dispute the presence of the applicant’s condition, 
nor his right to Department of Veteran’s Affairs (DVA) 
healthcare and disability compensation from the DVA.  However, 
just like our veterans from Vietnam, the applicant should pursue 
medical care and disability benefits from the DVA as his form of 
relief.  Doing so would uphold the proper finding of LOD NA as 
well as allowing appropriate care and compensation under the 
independent interpretation of “service-connection” applied by 
the DVA to conditions with no clear nexus or epidemiologic 
connection to service, but found by the DVA to be “service-
connected” as part of catastrophic illnesses or ongoing 
longitudinal studies of veterans.  

The complete SG evaluation is at Exhibit C.

AFRC/AIK makes no recommendation.  AIK states the applicant’s 
request does not fall within the purview of authority for the 
programs managed by their staff.  Instead, his concerns all 
appear to be medically related and as such, possibly could be 
more appropriately addressed by a medical authoritative source.  

AIK deferred the applicant’s case to AFPC/DPSDD and/or AFRC/SG 
for a medical determination on whether or not the applicant 
meets the requirements for a MEB review.  

The complete A1K evaluation is at Exhibit D.

The BCMR Medical Consultant recommends denial.  The applicant 
believes that had he not declined a review by the FPEB, he might 
have been ruled eligible for a MEB and ultimately received a 
medical retirement, under AFI 36-3212.  However, for an Air 
Reserve Component (ARC) member to become eligible for a MEB, the 
condition must have been found ILOD.  The applicant’s medical 
condition was determined non-duty related and not ILOD.  

The Medical Consultant acknowledges that, operating under Title 
38, United States Code (USC), the DVA has identified several 
medical conditions that are now presumed to be service-
connected, by virtue of a veteran’s previous assignment or 
exposure in a given area of operations during a given timeframe 
(i.e. Diabetes in individuals who served in Vietnam with 
exposure to Agent Orange or an unexplained chronic multisystem 
illness (i.e. Fibromyalgia and chronic fatigue syndrome), in 
individuals who served in the Gulf War after Aug 90 and other 
environmental exposures (i.e. burn pits), thereafter.  

The Medical Consultant opines the evidence is insufficient to 
establish a retroactive ILOD finding and eligibility for 
compensable disability processing via a MEB review and 
subsequent PEB action, in accordance with AFI 36-3212, Physical 
Evaluation for Retention, Retirement, and Separation or Title 
10 USC, chapter 61, Retirement or Separation for Physical 
Disability.  

The complete BCMR Medical Consultant evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 10 Jan 14, for review and comment within 30 days 
(Exhibit F).  As of this date, this office has not received a 
response.

_________________________________________________________________

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 
careful notice of the applicant's complete submission in judging 
the merits of the case; however, we agree with the opinions and 
recommendations of AFRC/SG and 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 view of the above and in the absence of evidence to the 
contrary, we find no basis upon which 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 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 AFBCMR Docket 
Number BC-2013-03317 in Executive Session on 6 May 14, under the 
provisions of AFI 36-2603:

				Panel Chair
				Member
				Member


Although chaired the panel, in view of her unavailability, has 
signed as Acting Panel Chair.  The following documentary 
evidence pertaining to AFBCMR Docket Number BC-2013-03317 was 
considered:

Exhibit A.  DD Form 149, dated 2 Sep 13, w/atchs.
Exhibit B.  Applicant's Available Personnel Records.
Exhibit C.  Letter, AFRC/SG, dated 4 Oct 13.
Exhibit D.  Letter, AFRC/A1K, dated 18 Oct 13.
Exhibit E.  Letter, BCMR Medical Consultant, dated 9 Jan 14.
Exhibit F.  Letter, SAF/MRBR, dated 10 Jan 14.




							
							Acting Panel Chair