THIRD ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2004-02769
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His administrative discharge due to physical disqualification
be changed to a medical discharge.
________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on
7 Jul 10. For an accounting of the facts and circumstances
surrounding the applicant’s request, and, the rationale of the
earlier decision by the Board, see the Second Addendum to Record
of Proceedings at Exhibit L.
The applicant provides three DD Forms 149, dated 6 Jun 11,
17 Nov 11, and 20 Feb 12, respectively, with additional
documents to support his claim. He believes had a line of
duty determination been completed at the time his injury
occurred it would have determined that he should have been
medically separated.
In support of his request, the applicant provides copies of
his medical records; letter from his medical provider, dated
29 Nov 10, with attachments, and other supporting documents.
His complete submission, with attachments, is at Exhibit M.
________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, the Board determined there was insufficient
evidence to warrant corrective action. We have reviewed the
additional documentation provided by the applicant, including
the letter from his medical provider; however, considering this
matter again, we do not find that the evidence provided
overcomes the rationale expressed in the previous board
decisions or that our previous decisions should be reversed. In
addition, the applicant is reminded that 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. Thus, the two systems represent a
continuum of medical care and disability compensation that
starts with entry on to active duty and extends for the life of
the veteran. In view of the above, we find no basis upon which
to recommend favorable consideration of the applicant’s request.
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 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-2004-02769 in Executive Session on 1 Mar 13, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit L. Second Addendum to Record of Proceedings,
undated, w/atchs.
Exhibit M. DD Forms 149, dated 6 Jun 11, 17 Nov 11,
and 20 Feb 12, w/atchs.
Panel Chair
AF | BCMR | CY2010 | BC-2004-02769
After reviewing the literature stating that petroleum products may cause skin irritation, the fact the applicant had a long-standing diagnosis of psoriasis, and was employed in aircraft maintenance, which involved work with fuels, are insufficient to conclude that his psoriasis was permanently aggravated by his Reserve military service. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states during his Air Force...
AF | BCMR | CY2004 | BC 2004 02769
After reviewing the literature stating that petroleum products may cause skin irritation, the fact the applicant had a long-standing diagnosis of psoriasis, and was employed in aircraft maintenance, which involved work with fuels, are insufficient to conclude that his psoriasis was permanently aggravated by his Reserve military service. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states during his Air Force...
AF | BCMR | CY2007 | BC 2007 03725 5
The applicant also requested reimbursement of medical expenses; however, this request was denied because the AFBCMR was empowered only to correct military records. On 7 May 13, the United States Court of Federal Claims (CoFC) remanded the case to the Board and directed the Board address all of the issues raised in plaintiffs request for reconsideration of the AFBCMR's Second Addendum to its Record of Proceedings (Exhibit EE). Regarding the applicants request for reimbursement of his...
AF | BCMR | CY2007 | BC-2007-03725-5
The applicant also requested reimbursement of medical expenses; however, this request was denied because the AFBCMR was empowered only to correct military records. On 7 May 13, the United States Court of Federal Claims (CoFC) remanded the case to the Board and directed the Board address all of the issues raised in plaintiffs request for reconsideration of the AFBCMR's Second Addendum to its Record of Proceedings (Exhibit EE). Regarding the applicants request for reimbursement of his...
AF | BCMR | CY2006 | BC-2005-01918A
According to a 14 Jun 68 medical entry by the dispensary at Bien Hoa AB, Republic of Vietnam (RVN), his back left shoulder area was sutured for a laceration. In addition, the fact that the applicant is being compensated by the DVA at 10% for the injury does not inherently establish it was directly caused by the enemy, only that it was service connected. _________________________________________________________________ The following members of the Board considered this application...
AF | BCMR | CY2012 | BC 2012 02179 3
STATEMENT OF FACTS: According to an AF Form 469, Duty Limiting Condition Report, dated 4 Feb 12, the applicants Primary Care Manager (PCM), recommended a review by a Medical Evaluation Board (MEB) or Physical Evaluation Board (PEB). AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial of the applicant's petition for continuation on active duty orders for the period 12 Jan 12 [sic] to 19 Sep 12. Exhibit G. Record of Proceedings, dated 30 Jul 13, w/atchs Exhibit H. Letter,...
AF | BCMR | CY2007 | BC 2007 03725 6
FOURTH ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03725 COUNSEL: HEARING DESIRED: YES APPLICANT REQUESTS THAT: His injuries he received during his active duty service be reflected as a direct result of armed conflict; caused by an instrumentality of war or combat-related and he be entitled to Combat-Related Special Compensation (CRSC). On 16 Jan 15, the CoFC remanded the case to the Board and directed the...
AF | BCMR | CY2011 | BC-2011-02962 ADDENDUM
The remaining relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the Air Force office of primary responsibility (OPR) at Exhibit H. ________________________________________________________________ AIR FORCE EVALUATION: AFLOA/JAJM recommends denial indicating there is no evidence of an error of injustice with regard to the applicants court- martial or Article 15. A complete copy of AFLOA/JAJM evaluation is...
AF | BCMR | CY2009 | BC 2009 03594 3
On 4 Aug 10, the Board considered and denied the applicants request noting there was no evidence to show the applicants service connected medical condition met the criteria for compensation under CRSC. On 21 Mar 13, the Board considered and denied the request indicating the evidence was not sufficient to support crediting the applicant with the requisite 20 years of active service to qualify for CRDP or to override the earlier decision concerning his request for CRSC. By applications...
AF | BCMR | CY2005 | BC-2004-01622A
_________________________________________________________________ STATEMENT OF FACTS: On 8 Jun 05, the Board considered and denied a similar request submitted by the applicant. After again reviewing the evidence of record and the additional evidence provided by the applicant, it remains our opinion that the service-connected medical condition the applicant believes is combat-related does not meet the strict requirements to qualify for compensation under the CRSC Act. ...