DEPARTMENT OF THE A1R FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 97-01031
OCT 2 3 1998
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code, Air Force Instruction 36-2603, and having assured compliance
with the provisions of the above regulation, the decision of the
Air Force Board for Correction of Military Records is announced,
and it is directed that:
The pertinen
Force relating to
show that:
tment of the Air
be corrected to
a. On 16 August 1996, 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 diagnoses in his case were: (1) Epstein-Barr virus
associated with chronic fatigue, VA diagnostic code 6354, rated at
20% and (2) Irritable Bowel Syndrome, VA diagnostic code 7319,
rated at 10%;~that the compensable percentage was 30%; that the
degree of impairment might be permanent; that the disability was
incurred in the line of duty in time of war or national emergency
or after 14 September 1978; that the disability was not the direct
result of armed conflict or was caused by an instrumentality of
and that
war and incurred in line of duty during a period of war;
the disability was not the direct result of a combat related
injury.
b. At the time of his discharge because of physical
disability on 9 October 1996, he was not entitled to disability
severance pay, but, effective 10 October 1996, he was permanently
retired by reason of physical disability.
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 97-01031
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT :
Having carefully re vie wed^ this application, we agree with
the recommendation of the Air Foqce (HQ AFPC/DPPD) and adopt the
rationale expressed as the basis for our decision that the
applicant has been the victim of either an error or an injustice.
Therefore, under the authority delegated in AFI 36-2603, the
applicant's records will be corrected as set forth in the
accompanying Memorandum for the Chief of Staff signed by the
Executive Director of the Board or his designee.
Attachment:
Ltr, HQ AFPC/DPPD, dtd 31 Jul 98
Panel Chair
v
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE, TEXAS
. .
d
MEMORANDUM FOR AFBCMR
-. FROM:
AFPC/DPPD
550 C Street West Ste 06
Randolph AFB TX 78 150-4708
I Correction of Military Records -,
PURPOSE: This advisory is in reply to
directing an Informal Physical Evaluation Boar
disability condition to include a 4 Aug 95 commander’s letter that was previously unavailable to
the board.
FACTS: On 11 Jul96, the IPEB found the applicant unft for two separate conditions,
irritable bowel syndrome and Epstein-Barr virus associated with chronic fatigue and arthralgias.
Each condition was rated under the VA Schedule as 10 percent disabling and the board
recommended his discharge with severance pay with a combined 20 percent compensable
disability rating. While the member initially requested an appearance before the Formal PEB
(FPEB) to appeal this finding, he changed his mind and concurred with the IPEB
recommendations. Subsequently, officials within the Office of the Secretary of the Air Force
directed his discharge with severance pay, which was effective 9 Oct 96.
In response to
memo, the IPEB reviewed the 4 Aug 95 commander’s
letter previously missing from the applicant disability case and on 17 Jul98 convened to
reconsider his case. After deliberations they remarked, “The IPEB, after carefully reviewing the
new information in addition to that available to the IPEB on 11 Jul96, has concluded that if this
4 Aug 95 letter had originally been available to the board, more detailed medical information
would have been sought concerning member’s functional disability from his Chronic Fatigue
Syndrome prior to reaching a final disability rating recommendation. It appears that this
information would have been similar to that included in the VA Hospital notes that now
accompany the AFBCMR case file. Although the member had several periods of leave in the
early 1990’s, when the commander’s letter was written the member’s disability seemed to be
limited tb two 15 minute naps a day and periodic dizzy spells. By following the Department of
Defense disability guidelines, the member’s Chronic Fatigue would have been rated 20 percent
disabling vice 10. The member’s Irritable Bowel Syndrome was correctly rated at 10 percent
during the original IPEB. The combined compensable disability rating would then be established
as 30 percent. Since the member’s condition had stabilized over the four year period from 1992-
1995, the IPEB would have found this member unfit and recommended his permanent retirement
with a 30 percent disability rating.”
RECOMMENDATION: Recommend approval of the applicant’s request. Also
recommend that the AFBCMR direct applicant’s discharge with severance pay with a 20 percent
disability rating under the provisions of Title 10, USC, 1203 be set aside; that his permanent
records reflect that he was approved for a permanent disability retirement under the provisions of
Title 10, USC, 1201 effective 9 Oct 96, and the following changes be included in his permanent
records.
(1) AFBCMR direct HQ AFPCiDPPD to complete an AF Form 356, Findings and
Recommended Disposition of USAF Physical Evaluation Board, to include in Item 9A:
Category I diagnoses of “Epstein-Barr virus associated with chronic fatigue and Irritable Bowel
Syndrome”; that the condition was incurred in the line of duty; that the condition Epstein-Barr
virus associated with chronic fatigue be rated at 20 percent disabling, that the condition for
Irritable Bowel Syndrome be rated at 10 percent disabling for an overall combined disability
rating of 28 percent under the provisions of VA Schedule for Rating Disabilities (VASRD) for
VA diagnostic codes 6354 and 73 19 respectively; that Items 1 OA and 1 OB be checked “Yes” and
Items 1 OC and 1 OD be checked “No”; that Item I 1 include “3 0” percent compensable percentage,
and Item 12 reflect “Permanent Retirement.”
(2) AFBCMR direct HQ AFPC/DPPD advise the issuing authority ofAF Form 100,
Request and Authorization for Separation, concerning applicant’s separation to make appropriate
order corrections.
Should the AFBCMR agree with our findings and direct the above changes, we
recommend the AFBCMR contact DFAS Cleveland in regards to matters concerning any back
pay due.
Directorate of Pers Prog Management
Attachment:
Case File
cc:
SAFMIBR
AF | PDBR | CY2010 | PD2010-00076
Medical evaluations after these injuries documented report of persistent headache following the second injury. This relieved a lot of stress.” The Board unanimously concluded by preponderance of evidence that the CI’s depressive symptoms and emotional / behavioral dysfunction (diagnosed as Depression NOS, Adjustment Disorder, and Borderline Personality), were due to her existing prior to service condition, her difficulty adjusting to military service, and her anxiety regarding deployment to...
AF | BCMR | CY2008 | BC-2007-00552
Both Boards recommended permanent retirement with a disability rating of 40 percent. DPPD therefore recommends his record be corrected to show he was retired by reason of physical disability for fibromyalgia with a permanent disability rating of 60 percent. AFPC/DPPD’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel for the applicant states while the BCMR Medical Consultant’s advisory...
AF | PDBR | CY2009 | PD2009-00634
The 7 September 2004 PEB found the CI unfit for status post PE, resolved, rated at 0% disability with category II and III (not unfitting/not compensable) diagnoses of OSA, PFS, myofascial pain (new diagnosis), chronic fatigue secondary to deconditioning, and obesity. The examiner opined that the CI had a history of bilateral PE, but was doing well on coumadin therapy; however, the etiology of the chronic joint pain was unclear. The PEB applied the code 6354 (chronic fatigue syndrome [CFS])...
AF | BCMR | CY2004 | BC-2003-03169
Disability processing records reveal a Medical Evaluation Board (MEB) was initiated on 17 Jun 03, and the results was referred to the Informal Physical Evaluation Board (IPEB) which ultimately recommended she be discharged with entitlement to disability severance pay with a 10 percent disability rating. Because her disability rating was rated less than 30 percent disabling, she was not eligible for a disability retirement under the provision of Title 10, USC, Section 1201. Based on a...
AF | PDBR | CY2013 | PD 2013 01121
The rating for the unfitting Gulf War Illness condition is addressed below;additionally, the Category II conditions of memory disorder, obstructive sleep apnea (OSA) and joint pain conditions are within the DoDI 6040.44 defined purview of the Board. The Board considered the rating. I have carefully reviewed the evidence of record and the recommendation of the Board.
ARMY | BCMR | CY2014 | 20140017026
The applicant provides: * Department of Veterans Affairs (VA) Rating Decision * DA Form 3349 (Physical Profile) * letter to the physical evaluation board (PEB) * service medical records * VA medical records CONSIDERATION OF EVIDENCE: 1. On 13 July 2004, a medical evaluation board (MEB) diagnosed him with neck pain with cervical DDD and bilateral radiculopathy. The board's scope of review was limited to those conditions determined by the PEB to be unfitting for continued military service...
AF | BCMR | CY2010 | BC-2009-04657
_________________________________________________________________ APPLICANT CONTENDS THAT: Her Medical Evaluation Board (MEB) decision should be revisited. On 19 Sep 08, an Informal Physical Evaluation Board (IPEB) found the applicant unfit for service and recommended discharge with severance pay with a 20 percent disability rating for Fibromyalgia. On 18 Nov 08, the FPEB agreed with the IPEB decision and recommended discharge with severance pay with a 20 percent disability rating.
AF | BCMR | CY2007 | BC-2007-00029
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00029 INDEX CODE: 110.03 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 3 JUL 08 _________________________________________________________________ APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to show she served a full 20 years of active service; or, she be reinstated back into the military to...
AF | BCMR | CY2006 | BC-2005-01878
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01878 XXXXXXX COUNSEL: DAVID P. SHELDON HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 14 DEC 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was medically retired rather than honorably released from active duty. A DD Form 215, dated 26 Jul 05, indicates the AFAM was added to...
AF | BCMR | CY2011 | BC-2010-00545
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00545 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: The 40 percent disability retirement rating she received be increased. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends the record be changed to reflect the applicant...