AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
 

 
 

 
 
 

 
 
 

DOCKET NUMBER:  BC-2012-02217 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

IN THE MATTER OF:   
 
 
     
 
     
 
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT:  
 
His  disability  rating  be  changed  from  0  to  30 percent  and 
retired by reason of physical disability. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  should  have  received  a  disability  retirement,  since  his 
psoriasis covered more than 35 percent of his body and he was on 
steroids for 49 days. 
 
This  condition  was  caused  by  exposure  to  JP-8  aviation  fuel.  
According  to  the  Material  Safety  and  Data  Sheet  (MSDS),  JP-8 
fuel may cause skin conditions.  He would not have been exposed 
to this fuel had it not been for his military service.  
 
In  support  of  the  appeal,  the  applicant  provides  pictures,  his 
list  of  medications,  his  rebuttal  to  the  Formal  Physical 
Evaluation  Board  (FPEB),  a  physician’s  note,  several  MSDS’  and 
copies of his medical records. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  enlisted  in  the  Regular  Air  Force  on  17  October 
2005.    He  was  processed  through  the  Military  Disability 
Evaluation System (MDES), based on the diagnosis of Psoriasiform 
Sponngiotic Dermatitis, ultimately resulting in an unfit finding 
and  the  Secretary  of  the  Air  Force  Personnel  Council  (SAFPC) 
directing  his  discharge,  with  severance  pay  and  a  zero  percent 
disability  rating.    It  was  also  determined  that  his  condition 
was not combat related. 
 
The  applicant  was  honorably  discharged  on  28  May  2012.    His 
narrative  reason  for  separation  was  listed  as  disability, 
severance  pay,  non-combat.    He  was  credited  with  6  years, 
7 months and 12 days of active duty service.  
 
________________________________________________________________ 
 

AIR FORCE EVALUATION: 
 
AFPC/DPSD  recommends  denial  of  the  applicant’s  request.  
However,  they  recommend  that  the  JP-8  fuel  be  considered  an 
instrumentality  of  war  and  that  the  applicant  be  awarded  a 
combat-related code for his diagnosis. 
 
The  IPEB  reviewed  his  case  on  11  March  2011  and  recommended 
discharge with severance pay (DWSP) with a disability rating of 
10  percent  for  the  diagnosis  of  Psoriasiform  Sponngiotic 
Dermatitis.  The IPEB noted that the applicant had a significant 
rash on his hands and arms related to exposure to JP-8 fuel that 
began in December 2009.  Multiple treatments had not helped and 
because  of  the  lesions  he  was  unable  to  wear  protective 
clothing.    They  also  noted  it  was  unlikely  that  a  change  in 
climate or environmental conditions would resolve the rash.  The 
condition was considered combat related as the disability was a 
result  of  the  applicant’s  exposure  to  JP-8  fuel  which  can  be 
labeled  as  an  instrumentality  of  war.    On  8  April  2011,  the 
applicant non-concurred with the findings and requested a formal 
hearing with counsel. 
 
On 17 May 2011, the FPEB reviewed his case and recommended DWSP 
with  a  disability  rating  of  10  percent.    The  FPEB  acknowledged 
the  applicant  had  a  significant  rash  on  his  hands,  arms  and 
chest  potentially  related  to  JP-8  fuel  that  began  in  December 
2009.  The Board also noted the applicant had no rash whatsoever 
at  that  time.    The  applicant  used  a  topical  cream  and  PUVA 
(Photochemotherapy)  therapy  to  control  his  rash.    He  last  used 
steroids for 28 days in December 2010.  Overall, he used steroid 
treatment  for  38  days  in  the  past  365  days.    The  Board  found 
that his condition prevented him from performing his duties and 
closely  approximated  a  10  percent  rating  with  intermittent 
rashes  only.    The  FBEP  also  considered  JP-8  fuel  an 
instrumentality  of  war.    Therefore,  his  condition  was  combat 
related. 
 
On 18 May 2011, the applicant requested his case, with rebuttal, 
be  sent  to  the  Secretary  of  the  Air  Force  Personnel  Council 
(SAFPC)  for  review.    On  16  March  2012,  SAFPC  directed  the 
applicant  be  discharged  with  severance  pay  with  a  zero  percent 
disability  rating.    Although  the  applicant  contended  that  his 
condition  warranted  permanent  retirement  at  30  percent  for  the 
use  of  systemic  steroids  for  more  than  six  weeks,  no  systemic 
steroid therapy had been noted since October 2010.  The IPEB and 
FBEB  each  recommended  DWSP  at  10  percent.    A  clinic  visit  on 
19 October  2011  noted  a  normal  skin  exam  with  no  medications.  
SAFPC also determined that his condition was not combat related 
by  instrumentality  of  war  as  jet  fuel  is  not  specific  to 
military service and is synonymous with Jet A, which is a common 
aviation jet fuel used in commercial aviation worldwide.   
 
The  Boards  are  required  by  law  to  rate  a  disability  using 
criteria  outlined  in  the  VASRD  code  at  the  time  the  case 
processed.  As the applicant only required topical medication to 

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control  his  symptoms,  according  to  his  most  recent  examination 
(normal  skin  exam),  and  since  less  than  5  percent  of  exposed 
body  surface  was  affected,  VASRD  rating  code  7816  is  DWSP  at 
zero percent.   
 
The  Department  of  Defense  (DoD)  and  the  Department  of  Veterans 
Affairs  (DVA)  disability  evaluation  systems  operate  under 
separate  laws.    Under  Title  10,  U.S.C,  Physical  Evaluation 
Boards must determine if a member’s condition renders them unfit 
for  continued  service  relating  to  their  office,  grade,  rank  or 
rating.  The fact that a person has a medical condition does not 
mean  that  the  condition  is  unfitting  for  continued  military 
service.  The DoD also rates disabilities based on the member’s 
condition  at  the  time  of  evaluation.    Under  Title  38,  the  DVA 
may  rate  any  service-connected  condition  based  upon  future 
employability or reevaluate based on changes in the severity of 
a condition. 
 
The  preponderance  of  the  evidence  reflects  that  no  error  or 
injustice  occurred  during  the  disability  process.    DPSD 
recommends  that  the  JP-8  fuel  be  considered  an  instrumentality 
of war and the applicant be awarded the combat related code for 
this diagnosis. 
 
The complete DPSD evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant on 17 July 2012, for review and comment within 30 days 
(Exhibit  D).    As  of  this  date,  this  office  has  received  no 
response. 
 
________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 
 
2.  The application was timely filed. 
 
3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  an  error  or  injustice  with  regard 
to  the  applicant’s  disability  rating.    Evidence  has  not  been 
submitted which would lead us to believe the rating he received 
at  final  disposition  was  improper.    While  we  note  the 
applicant’s  contention  that  his  psoriasis  covered  more  than 
35 percent  of  his  body  and  that  his  condition  was  caused  by 
exposure  to  JP-8  jet  fuel,  the  evidence  of  record  appears  to 
indicate  the  applicant  was  afforded  due  process  through  the 
disability evaluation system.  
 

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4.  Notwithstanding  the  above  determination,  we  believe  some 
relief is warranted.  AFPC/DPSD has recommendation that the JP-8 
fuel  be  considered  an  instrumentality  of  war  and  that  he  be 
awarded a combat related code for his diagnosis.  The applicant 
contends he would not have been exposed to the fuel had it not 
been  for  his  service.    Therefore,  we  agree  with  DPSD’s  opinion 
and  recommendation  that  the  JP-8  jet  fuel  be  considered  as  an 
instrumentality  of  war.    Accordingly,  we  recommend  the 
applicant’s record be corrected to the extent indicated below. 
 
5.  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 issues involved.  
Therefore,  the  request  for  a  hearing  is  not  favorably 
considered. 
 
________________________________________________________________ 
 
THE BOARD DETERMINES THAT: 
 
The  pertinent  military  records  of  the  Department  of  the  Air 
Force relating to APPLICANT, be corrected to show that: 
 
a.   On  16 March  2012,  he  was  found  unfit  to  perform  the 
 
duties  of  his  office,  rank,  grade,  or  rating  by  reason  of 
physical  disability,  incurred  while  he  was  entitled  to  receive 
basic  pay;  that  the  diagnosis  in  his  case  was  Psoriasiform 
Sponngiotic Dermatitis VASRD code 7899-7816, rated at 0 percent; 
that the degree of impairment was permanent; that the disability 
was  not  due  to  intentional  misconduct  or  willful  neglect;  that 
the disability was not incurred during a period of unauthorized 
absence;  and  that  the  disability  was  received  in  the  line  of 
duty  as  a  direct  result  of  armed  conflict  or  caused  by  an 
instrumentality of war. 
 
b.  On  28  May  2012,  he  was  honorably  discharged  for  a 
 
disability  with  a  rating  of  0  percent,  with  entitlement  to 
severance pay – combat. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-02217  in  Executive  Session  on  10  January  2013, 
under the provisions of AFI 36-2603: 
 
 
 
 
 
 
All  members  voted  to  correct  the  record,  as  recommended.    The 
following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-02217 was considered: 
 
    Exhibit A.  DD Form 149, dtd 9 Sep 11, w/atchs. 

, Panel Chair 
, Member 
, Member 

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    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSD, dtd 29 Jun 12. 
    Exhibit D.  Letter, SAF/MRBR, dtd 17 Jul 12. 
 
 
 
 
                                    
                                   Panel Chair 
 

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