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AF | BCMR | CY1998 | 9700266
Original file (9700266.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NO:  97-00266 

COUNSEL:  NONE 

HEARING DESIRED:  NO 

I 

_ i  

Applicant requests that the original diagnosis for his discharge 
be  changed  from  "Fibromyalgia" to  "Right  Shoulder  Trapezous 
Tenderness,"  a  condition  which  does  not  warrant  discharge. 
Applicant's submission is at Exhibit A. 

The appropriate Air  Force offices evaluated applicant's request 
and  provided  advisory  opinions  to-the  Board  recommending  the 
application be  denied  (Exhibit C).  The advisory opinions were 
forwarded to the applicant for review and response  (Exhibit D). 
As of this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available evidence of  record, we  find  insufficient evidence  of 
error or injustice to warrant corrective action.  The facts and 
opinions  stated in the  advisory opinions appear to be  based  on 
the evidence of  record and have not been rebutted by  applicant. 
Absent  persuasive evidence applicant was denied rights to which 
,&entitled,  appropriate  regulations  were  not  followed,  or 
-- 3- 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will  only be  reconsidered upon the presentation of  new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members of the Board Mr. Vaughn E. Schlunz, Ms. Dorothy P. Loeb, 
and  Mr.  David  W.  Mulgrew  considered  this  application  on 
5  February  1998  in accordance with  the provisions  of Air  Force 
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552. 

Panel Chair 

Exhibits: 

A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinions 
D.  SAF/MIBR Ltr Forwarding Advisory Opinions 

16 Jun 97 
97-00266 

MEMORANDUM FOR AFBCMR 

FROM:  BCMR Medical Consultant 

1535 Command Drive, EE Wing, 3rd Floor 
Andrews AFB MD  20762-7002 

Applicant's entire case file has been reviewed and is forwarded with the following 

findings, conclusions and recommendations. 

REQUESTED ACTION:  Applicant was discharged from the Air Force under 

provisions of AFI 36-3212 with a medical disability and severance pay on 22 Jun 96 
after serving a total of 14 years, 4 months, 23 days on active duty.  He applies now 
feeling the reason for his discharge was an invalid diagnosis, but does not state what 
change he is requesting. 

FACTS: Applicant developed right-sided neck and shoulder pain in 1993 which 

continued to plague him and interfere with his duty performance up to the time of his 
discharge.  He underwent extensive evaluation in military facilities but was never found 
to have an underlying organic or structural cause for his complaints.  He further 
developed bilateral arm and leg pains along with fatigue and insomnia and was 
diagnosed with fibromyalgia, the diagnosis he contests.  Supporting his contention is a 
statement from a Department of Veterans' Administration (DVA) examination which 
"doubted" the diagnosis.  The problem led to excessive time lost from work for its 
evaluation, and medical entries in records indicate he was presented to a Medical 
Evaluation Board in late 1995.  These records are not available for review, but a memo 
found states that officials of the SAF found him unfit for duty and ordered his separation 
with severance pay on 20 Feb 96.  The continued problems endured by applicant 
definitely had a negative impact on his duty hours, and he offers no evidence to the 
contrary that would override the diagnosis for which he was discharged. 

DISCUSSION:  The chronic nature of applicant's problem led to a condition that 

precluded reasonable fulfillment of the purpose of his employment in the military service 
and was the basis for the decision to separate him.  Lacking other diagnoses that would 
have responded to further treatment or surgical correction, the decision to separate him 
was justified and proper.  Reasons for discharge and discharge proceedings are well 
documented in the records. Action and disposition in this case are proper and refled 
compliance with Air Force directives which implement the law. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE, TEXAS 

26 Aug 97 

MEMORANDUM FOR AFBCMR 

FROM: 

HQ AFPC/DPPD 
550 C Street West Ste 06 
Randolph AFB TX 78 150-4708 

SUBJECT: 

rrection of Military Recor 

BEQUESTED ACTION  Applicant requests that the original diagnosis for his medical 

discharge initiated under AFI 36-321 2 be changed from "Fibromyalgia" to "Right Shoulder 
Trapezous Tenderness."  Although the member does not state so in his request, we assume he 
desires to be reinstated back on active duty. 

FACE:  Applicant was involuntarily discharged from the Air Force on 22 Jun 96 by 

reason of physical disability, with entitlement to disability severance pay, with a total of fourteen 
years, two months, and nineteen days of active duty.  Member received a total of $47,065.20 in 
disability severance pay. 

I>IscyssI61N:  The purpose of the military disability system is to maintain a fit and vital 
force by separating member;  who are unable to perform the duties of their grade, office, rank or 
rating.  Those members who are separated or retired by reason of physical disability may be 
eligible, if otherwise qualified, for certain disability compensations.  Eligibility for disability 
processing is established by a Medical Evaluation Board (MEB) when that board finds that the 
member may not be qualified for continued military service.  The decision to conduct an MEB is 
made by the medical treatment facility providing health care to the member. 

A review of the AFBCMR revealed an MEB which convened 

California on 27 Oct 95.  Based on the medical evidence provided to the Informal Physical 
Evaluation Board (IPEB), member was found d i t  for continued military service on 
21 Nov 95 and recommended his discharge with severance pay with a 20 percent disability 
rating.  The applicant disagreed with these findings and with the assistance of appointed military 
counsel presented his case before the Formal PEB (FPEB) on 17 Jan 96.  The FPEB concurred 
with the recommendations of the IPEB however, changed the disability rating to 10 percent. 
Member non-concurred with the FPEB and subsequently, the case was forwarded to the 
Secretary of the Air Force Personnel Council (SAFPC) for appropriate review and finalization. 
On 20 Feb 96, officials within the office of the Secretary of the Air Force approved the findings 



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