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AIR FORCE  BOARD FOR  CO-CTION 

OF MILITARY RECORDS 

RECORD  OF PROCEEDINGS 

IN THE MATTER OF: 

COUNSEL:  NONE 
HEARING DESfRkD:  YES 

Applicant  requests  that  his  discharge  be  changed  to  a  medical 
retirement.  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  ( E x h i b i t   C )  .  The  advisory  opirlions  were 
forwarded  to the applicant  for  review and  response  (EXhibit  D) 
As o f   this date, no response has been received by t h i s   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 
t h e   evidence of record a d  have  not  been  rebutted by  applicant. 
Absent  persuasive  evidence applicant  was denied  rights t o   which 
not  followed,  or 
entitled,  appropriate  regulations  were 
appropriate  standards  were  not  applied,  we.  find  no  basis  to 
disturb the existing record. 
Accordingly, applicant's request is denied. 
The  applicant's case  is adequately documented and it ha8 not been 
shown  that  a  personal  appearance  w i t h   or  without  counsel  w i l l  
materially  add  to  our  understanding  of  the  issue(s1  involved. 
Therefore, the request for  a hearing is not favorably considered. 
The  Board  s t a f f   is directed  to inform applicant of  this decision+ 
Applicant ahould also be informed  t h a t   t h i s   decieion i s  final and 
will  only be  reconsidered upon the  presentation of  new  relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application w a s   filed- 
Members  of  the  Board M r .   Robert  D.. Stuart, M r .   Henry Romo,  Jr., 
and  Mr.  Richard  A.  Peterson  considered  this  application  on 
15 October  1998, in accordance with the provisions of  A i r   Force 
Instruction 36-2603 and the  governing  scatute, 10 U.S.C.  1552. 

ROBERT D.  STUART 
P a m 1  Chair 

Exhibits: 
A.  Applicant's  DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinions 
D-  AFBCMR  Ltr Forwarding  Advisory Opinions 

July 9, 1998 
98-00389 

MEMORANDUM FOR AFBCMR 

FROM:  BCMR Medical Consultant 

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

SUBJECT: 

rection 

This request for records correction is not filed in a timely manner, as 27 years have passed 

since the applicant was discharged. 

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

conclusions and recommendations. 

REQUESTED ACTION:  The applicant was discharged with 20% disability severance pay 
on 17 August 1971 after serving 2 years, 2 months, and 13 days on active duty for congenital 
for problems.  He applies now to change his medical discharge to a medical retirement. 

FACTS:  The applicant suffered foot pain from congenital malformation of his feet and toes 
which resulted in his inability to perform assigned duties even after cross-training to a different 
career field.  He met a Medical Evaluation Board on 15 July 1971 and was referred to the 
Physical Evaluation Board on 23 July 1971.  This Board found him 30% disabled by his prob- 
lems and deducted 10% for the preexisting nature of the deformities as is appropriate for con- 
genital (from birth) defects.  Their recommendation for separation with severance pay at 20% 
disability was concurred with by the applicant and upheld through the Air Force Personnel 
Board on 2 August 1971. 

DISCUSSION: There is no evidence to support a higher rating at the time of separation.  His 
case was properly evaluated, appropriately rated and received full consideration under the provi- 
sions of AFR 35-4.  Action and disposition in this case are proper and reflect compliance with Air 
Force directives which implement the law. 

Once an individual has been declared unfit, the Service Secretaries are required by law to 
rate the condition based upon the degree of disability at the time of permanent disposition and 
not on future events.  No change in disability ratings can occur after permanent disposition, 
even though the condition may become better or worse.  However, Title 38, USC authorizes the 
VA to increase or decrease compensation ratings based upon the individual's condition at the 
time of future evaluations. 

Page 2 

AFBCMR Case # 98-00389 

RECOMMENDATION: The BCMR Medical  Consultant is of the opinion that no change in 

the records is warranted and the application should be denied. 

V 
FREDERICK W. HORNICK, Col., USAF, MC, FS 
Chief Medical Consultant, AFBCMR 
Medical Advisor SAF Personnel Council 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE, TEXAS 

24 Jul98 

MEMORANDUM FOR AFBCMR 

FROM: 

HQ AFPCDPPD 
550 C Street West Ste 06 
Randolph AFB TX 78 150-4708 

orrection of Military Records 

REQUESTED ACTION:  Applicant requests that his Aug 71 disability discharge be set 

aside and that he be given a disability retirement. 

FACTS:  Applicant was involuntarily relieved from active duty for physical disability 

under the provisions of AFM 35-4 upon completion of two years, two months, and thirteen days of 
active duty.  At the time of his disability discharge on 17 Aug 71, he received $1251.60 in 
disability severance pay.  Member’s application is considered untimely under the statute of 
limitations. 

DISCUSSION:  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 office, grade, 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. 

An MEB was convened at Sheppard AFB, Texas on 15 Jul71 and referred to the Informal 
Physical Evaluation Board (IPEB).  On 23 Jul71 , the IPEB found the member unfit for continued 
military service for a diagnosis of “Pes cavus, bilateral, moderately severe and symptomatic and 
clawed toe deformity digit two through five bilaterally, moderately severe and symptomatic, EPTS 
with service aggravation.”  His medical condition was rated at 30 percent disability rating minus a 
10 percent EPTS factor.  The IPEB recommended that the member be discharged with severance 
pay with a 20 percent disability rating.  Member concurred with the findings and recommendation 
of the IPEB and, subsequently officials within the Office of the Secretary of the Air Force directed 
that the applicant be discharged with severance pay and a 20 percent compensable disability rating 
under the provisions of Title 10, USC, 1203. 

Under the provisions of Title 10, USC, the services may compensate member for 

disabilities “incurred while entitled to basic pay.”  Further, if the service is found to have 

permanently worsened a pre-existing condition, the military may compensate the member but, 
only for the degree of permanent aggravation above and beyond the natural progression of the 
disease. 

A thorough review of the AFBCMR file revealed no errors or irregularities in the 

processing of the applicant's case within the disability evaluation system.  He was appropriately 
found unfit for continued military service and properly rated under federal disability rating 
guidelines.  The medical aspects of this case are fully explained by the Medical Consultant; we 
agree with his advisory. 

RECOMMENDATION:  We recommend denial of the applicant's request.  The applicant 

has not submitted any material or documentation to show he was inappropriately rated or 
processed under t,he military disability evaluation system at the time of his disability discharge. 

1 Chief, Physidal Disabilivbivision 

Directorate of Pers Prog Management 

1,  USAF