ADDENDUM
TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 93-03005
INDEX CODE: 108
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
RESUME OF CASE:
On 26 January 1995, the Board considered, and denied, an application
from subject applicant. Applicant requested that her medical
discharge, on 30 November 1992, be reclassified as a medical
retirement. The Board, after reviewing the evidence of record and
applicant’s submission, concluded that they found no evidence in the
record which substantiated that the applicant’s discharge by reason of
physical disability was improper or based on invalid considerations.
The Board noted that, by law, the Air Force rates disabilities based
on their condition at the time of permanent disposition. The DVA,
however, is responsible for evaluating changes in service-connected
medical condition of eligible veterans after they are separated from
the service. The Board found no compelling basis to favorably
consider the applicant’s appeal. The applicant’s case was denied. (A
copy of the Record of Proceedings (ROP) is attached at Exhibit G).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She is asking for a medical retirement versus a medical discharge in
light of the new information from the Social Security Administration,
the Veterans Administration and medical records from the New York
Veterans Hospital Persian Gulf Program.
At the time the decision was made to discharge her, the decision of a
medical discharge was based only on the diagnosis of her back injury.
However, her post-traumatic stress disorder (PTSD) symptoms were not
at all considered at the time and its affects on her quality of life
since her separation from the U. S. Air Force Reserve.
Applicant’s submission is attached at Exhibit H.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief Medical Consultant, AFBCMR, Medical Advisor SAF Personnel
Council, states that the applicant was appropriately evaluated and
rated for the symptoms she presented, and at no time in the Physical
Evaluation Board (PEB) processing did she ever indicate any
psychological issues relating to her Desert Storm experiences. Her
sole problem through her evaluation process was her buttock and leg
pain. Only after she had accepted separation did she begin to
experience mood changes once she realized that she had been denied
retirement privileges. The subsequent onset of “Post-Traumatic Stress
Disorder (PTSD),” that was diagnosed in 1995/96, for which the
Department of Veterans Affairs (DVA) has granted 50% disability
compensation was nowhere found to be present prior to her separation,
or for at least two (2) years thereafter according to her medical
records. A member who is found unfit for further military duty is
rated based on the condition at the time of final rating, and not on
the possibility of developing other problems in the future. 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 I.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
24 February 1999 for review and response within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After a thorough review of
the evidence of record and applicant’s submission, we are not
persuaded that her medical discharge should be reclassified as a
medical retirement. Her contentions are duly noted; however, we do
not find these uncorroborated assertions, in and by themselves,
sufficiently persuasive to override the rationale provided by the Air
Force. As stated in our previous findings, this Board concluded that
they found no evidence in the record which substantiated that the
applicant’s discharge by reason of physical disability was improper or
based on invalid considerations. The applicant’s additional
contention that her post-traumatic stress disorder (PTSD) symptoms
were not at all considered at the time of her discharge and its
affects on her quality of life, is noted. However, as stated by the
BCMR Medical Consultant, the applicant was appropriately evaluated and
rated for the symptoms she presented at the time of discharge and at
no time in the Physical Evaluation Board (PEB) processing did she ever
indicate any psychological issues relating to PTSD. In point of fact,
a review of her medical records indicates that the onset of PTSD
symptoms did not even occur until at least two years after her 30
November 1992 discharge. We believe she is being appropriately
compensated by the Department of Veterans Affairs (DVA). We therefore
agree with the recommendations of the BCMR Medical Consultant and
adopt the rationale expressed as the basis for our decision that the
applicant has failed to sustain her burden that she has suffered
either an error or an injustice. Therefore, 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 7 June 1999, under the provisions of AFI 36-2603.
Mr. Oscar A. Goldfarb, Panel Chair
Mr. Benedict A. Kausal IV, Member
Mr. John L. Robuck, Member
The following documentary evidence was considered:
Exhibit G. ROP, dated 26 Jan 95.
Exhibit H. DD Form 149, dated 26 May 98, w/atchs.
Exhibit I. Letter, BCMR Medical Consultant, dated 23 Feb 99.
Exhibit J. Letter, AFBCMR, dated 24 Feb 99.
OSCAR A. GOLDFARB
Panel Chair
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