RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02195
 					COUNSEL:  NONE
					HEARING DESIRED:  YES 


APPLICANT REQUESTS THAT:

His honorable discharge be changed to a medical retirement and 
he receive Concurrent Retirement and Disability Pay (CRDP).


APPLICANT CONTENDS THAT:

The Air Force failed to diagnosis Methicillin-Resistant 
Staphylococcus Aureus (MRSA).  

The delayed diagnosis resulted in him infecting at least 
20 people.

He was not processed for a Medical Evaluation Board (MEB) 
examination or a Physical Evaluation Board (PEB) review. 

The Center for Disease Control (CDC) lists MRSA under emerging 
infectious diseases.  There is no Code of Federal Regulations 
(CFR) rating code for MRSA.  The closest analogous rating is 
DC6307-plague, which is rated at 100 percent.  

The Board should consider it in the interest of justice to 
consider his untimely application.  On 15 Apr 13, he filed a 
Freedom of Information Act (FOIA) requesting his case file and 
found the infectious disease specialist examination and the 
severity of the MRSA.

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


STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 22 Aug 01 and was 
honorably released from active duty on 21 Aug 05 with narrative 
reason for separation of “Completion of Required Active 
Service.”  

According to a Department of Veterans Affairs (DVA) rating 
decision dated 8 Mar 13, he was rated at 70 percent for 
compensable service connected disability.  


AIR FORCE EVALUATION:

The BCMR IMA Medical Consultant recommends denial of the request 
for a medical retirement.  There is no documentation of a 
positive MRSA culture or failure to respond to the prescribed 
treatment regime.  In addition, no referrals for specialty 
consultation for complications beyond the expected course of 
treatment were noted during military service.  Notwithstanding 
the findings documented by the DVA of a chronic MRSA condition, 
there is no documented evidence in the records provided of a 
chronic MRSA condition during the period of service.  It is the 
Medical Consultant’s opinion that even if this condition was 
present during active military service, it did not have any 
adverse impact on the applicant’s ability to perform his 
assigned duties and therefore would not have any adverse impact 
on his ability to perform his assigned duties and therefore 
would not have represented a cause for service termination.  
This conclusion is supported by a review of his Enlisted 
Performance Reports (EPRs) which indicate satisfactory to 
excellent performance ratings and no duty limiting profiles.  In 
addition, an out processing medical assessment questionnaire 
(#15) completed by the applicant on 6 Jun 05 indicated “no” to 
the questions of whether any condition currently limited his 
ability to work in his primary military specialty or required 
geographic or assignment limitations.  Hence, the medical 
reviewer concludes that there was no unfitting or duty limiting 
condition of such a degree at the time of separation from active 
duty service that would have represented a cause for service 
termination (MEB/PEB process). 

Addressing his implicit request for a medical 
separation/retirement, the military Integrated Disability 
Evaluation System (IDES), established to maintain a fit and 
vital fighting force, can by law, under 10 U.S.C., only offer 
compensation for those service incurred diseases or injuries 
which specifically rendered the member unfit for continued 
military service and were the cause of career termination; and 
then only for the degree of impairment present at the time of 
separation and not based on future occurrences.  However, 
operating under a different set of laws, 38 U.S.C., the DVA is 
authorized to offer compensation for any medical condition with 
an established nexus with military service, without regard to 
its proven or demonstrated impact upon a member’s retention 
potential, fitness to serve, or the narrative reason for release 
from military service.  

A complete copy of the BCMR Medical Consultant’s 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 23 Jan 15 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


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 to warrant 
correcting his record to reflect a medical retirement.  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 Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion that the 
applicant has failed to sustain his burden of proof that he has 
been the victim of an error or injustice.  Subsequently, the 
applicant’s request for CRDP is also denied since CRDP is an 
entitlement paid concurrently with military retirement pay.  
Therefore, in the absence of evidence to the contrary, we find 
no basis 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 issues 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-2014-02195 in Executive Session on 17 Mar 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, BCMR Medical Consultant, 13 Jan 15.
	Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 15.