RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-02770
XXXXXXXXXXXX COUNSEL: None
XXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her discharge be changed to indicate she was separated for medical reasons
and she be placed on the Permanent Disability Retired List.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While she was in the service, her left knee was injured, with a torn
cartilage-severe. Her records include slipped disk (L2-L3) herniation,
severe hypertension, and stomach ulcers. This information was shown in her
service medical records. She requested additional testing but was refused.
Upon separation the evaluation at the Veterans Administration Medical
Center (VAMC) Phoenix verified these items. Her left knee surgery was
accomplished at Offutt AFB hospital on April 8, 1997. She was told not to
lift, squat, or kneel. Her Magnetic Resonance Imaging (MRI) on her back
that was requested at this time was canceled. The MRI done on her lower
back showed herniation of discs on L2 and L3. Further testing is being
done on her lower back.
In support of the appeal, applicant submits MRI Results, dated 17 July
1997, and medical records.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was appointed to the Reserve of the Air Force (ResAF),
Medical Corp, on 31 January 1990 in the grade of major. She was ordered to
extended active duty on 21 February 1990.
In May 1992, the applicant injured her left knee while participating in
combat medicine training, C4 course, and was seen for this on numerous
occasions.
In April 1997, she underwent arthroscopy on her left knee where mild
degenerative cartilage changes were found and treated. She was diagnosed
with patellofemoral pain syndrome and treated with medications and physical
therapy.
A back Computerized Axial Tomography (CAT) scan on 22 November 1996 did not
disclose any significant abnormality of her back.
On 17 July 1997, a MRI showed mild disc protrusion without impingement on
the spinal cord or nerve roots and its clinical significance was labeled
“uncertain.”
The applicant was honorably discharged from the USAFR on 30 June 1997 under
AFI 36-3207, Maximum Age. She served 7 years, 4 months, and 10 days of
total active duty and received $32,149.92 in separation pay.
On 18 March 1998, the Department of Veterans Affairs evaluated applicant’s
service connected disabilities at a combined evaluation of 50 percent.
Degenerative joint disease of lumbosacral spine with herniated
disc L2-3 - 40 percent.
Gastroesophageal reflux with history of GI bleeding - 10
percent.
Residuals, left knee trauma, status post arthoscopic surgery,
with arthritis - 10 percent.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief Medical Consultant, AFBCMR, reviewed the application and states
that while the applicant was treated for some ordinary medical problems
while on active duty, as will occur in most service members, none of these
problems singly, nor any combination of them, was of sufficient severity to
justify a finding of unfit. There is no evidence to suggest that the
applicant deserved consideration for separation through the Medical
Disability Evaluation System. Evidence of record establishes beyond all
reasonable doubt that the applicant was medically qualified for continued
active duty, that the reason for her separation was proper, and that no
error or injustice occurred in this case. The BCMR Medical Consultant is
of the opinion that no change in the records is warranted and the
application should be denied.
A complete copy of the Air Force evaluation is attached at Exhibit C.
The Chief, Physical Disability Division, Directorate of Pers Prog
Management, AFPC/DPPD, reviewed the application and states that the purpose
of the military disability system is to maintain a fit and vital force by
separating members who are unable to perform the duties of their grade,
office, rank or rating. Members who are separated or retired for 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 care to the member. They have verified that the applicant was
never referred to or considered by the Air Force Disability Evaluation
System under the provisions of AFI 36-3212. A review of the applicant’s
case file revealed no mental or physical defect which would have made her
unfit for continued military service at the time of her involuntary
separation. The applicant has not submitted any material or documentation
to show that she was unfit due to a physical disability under the
provisions of Title 10 USC at the time of her involuntary release from
active duty. They recommend denial of the applicant’s request.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluations and states that there is
nothing in the discussion section that suggests that anyone, anytime, on an
on-going basis, inquired whether she was well enough to perform her duties.
She is a physician and a person of high moral standards. She could not
abandon her patients because she was in chronic pain. Consequently, she
was prescribed by the military doctor anti-inflammatory medications which
have controlled some of the pains but which had a negative effect on her
general health causing serious GI problems. The medications given for her
knee masked the disc injury to her back. These medications would not have
been necessary had she not suffered a serious fall (which was downplayed by
the military medical doctors) aftermath of the C4 exercise. The
consequence of all this has been and is still chronic, unrelenting and
debilitating pain. Don’t try to use the fact that she was recruited at age
54, that did not deter the military from assigning her to full military
duties. A thorough physical examination revealed that except for her
controlled hypertension, she was in good physical health. She had no
limited mobility. She could walk, jump, climb, run, and did all the
military exercises well. This was all prior to injuries she suffered
during the C4 exercise. Because the injury to her left knee was
misdiagnosed, she was advised to continue exercises to her quadenricep
muscles. She was still on prescription anti-inflammatory medicine which
masked the pain therefore aggravating the severe damaged cartilage on her
left knee. She continues to do physical activity. Because she continued
physical activity and carrying heavy back pack during exercises and still
taking pain medication, the injury to her back did not become immediately
apparent. Prior to leaving the service she was scheduled for a MRI, but
this was canceled because she was fully scheduled in the office and the
commander refused to permit her the three days to go to another facility
for the test. A CAT scan was done but is less accurate and did not show
the damage to the L2 and L3 discs. Had an MRI been done, she would not
have further injured herself by lifting and other physical activities which
she should have refrained from had she been properly diagnosed. Despite
repeated requests for a medical review and more definitive testing, the
military involuntarily discharged her.
Applicant's complete response, with attachments, is attached at Exhibit F.
_________________________________________________________________
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 probable error or injustice. We note that a member’s
eligibility for disability processing is established by a Medical
Evaluation Board when that board finds the member may not be qualified for
continued military service. The applicant was not referred to or
considered by the Air Force Disability Evaluation System and evidence of
record indicates that she was medically qualified for continued active
service at the time of her separation. We note that while it appears the
applicant had some medical problems while on active duty, they did not
prevent her from performing her duties. We also note that the Veterans
Affairs has evaluated the applicant’s service connected disabilities at a
combined evaluation of 50 percent. Nonetheless, the VA operates under a
totally separate system with a different statutory basis. Specifically,
the VA rates for any and all service connected conditions, to the degree
they interfere with future employability, without consideration of fitness.
In view of the foregoing, we are not persuaded that the applicant’s reason
for separation was improper or that an error or injustice has occurred.
Therefore, in the absence of substantial evidence to the contrary, we find
no compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the application
was denied without a personal appearance; and that 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 this application in Executive
Session on 16 December 1998, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Sept 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 4 Mar 98.
Exhibit D. Letter, AFPC/DPPD, dated 17 Apr 98.
Exhibit E. Letter, AFBCMR, dated 27 Apr 98.
Exhibit F. Applicant’s Response, dated 8 Jun 98, w/atchs.
Panel Chair
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