RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-03075
                 INDEX CODE:  108

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His voluntary release from active duty, on 1 October 1994, be  changed
to reflect a medical discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has reason to believe he should have been given a medical discharge
due to the discovery of a degenerative bone  disease,  which  occurred
while he was on active duty in the Air Force.  Applicant  states  that
he feels he should have been placed on medical hold pending review for
medical discharge.

In support of his request, applicant submits military  and  Department
of Veterans Affairs (DVA) medical records.

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant reenlisted in the Regular Air Force on 13 June 1991  for
a period of six years in the grade of staff sergeant (E-5).

Evidence of record reflects  that  the  applicant  applied  for  early
separation under the Voluntary Separation Incentive/Special Separation
Benefit (VSI/SSB) Early Release Program  and  signed  a  Statement  of
Understanding on 1 February 1994.

The records indicate that in April 1994, while stationed at Aviano Air
Base, Italy, the applicant was seen at his  medical  squadron  with  a
complaint of hip pain.  He  was  found  to  have  bilateral  avascular
necrosis of the femoral heads, the “ball” of the hip ball  and  socket
joints.  Complicating the problem was an additional finding of  weight
control for which the applicant  was  referred  for  management.   His
symptoms resulted in being placed on physical profile from early  July
1994, with extensions, through 10  September  1994.   There  was  some
question about assigning a permanent profile  in  August  which  would
have triggered a Medical Evaluation Board (MEB) process, but this  was
not  finalized.   A  medical  record  entry,  dated  12  August   1994
references the applicant’s approaching departure from Italy to  Hawaii
where he was to separate.  He was told to follow-up  with  orthopedics
in Hawaii on arrival, but no evidence that this occurred can be found.


Applicant was  released  from  active  duty  on  1  October  1994  and
transferred to the inactive Air Force Reserve list.

While in the inactive Reserve, applicant had subsequent problems  with
the hip which resulted in surgery in  March  and  June  1995.   On  16
August 1995, the Headquarters Air Reserve Personnel Center  (HQ  ARPC)
Surgeon made a Recommendation for Administrative Discharge for Medical
Reasons on the applicant.

On 29 August 1995,  applicant  was  forwarded  a  Notice  of  Proposed
Discharge  due  to  the  results  of  his  medical  examination  which
indicated that he did not meet the requirements for retention  in  the
U. S. Air Force Reserve.

On 7 February 1996, the applicant requested that he be transferred  to
the retired reserve effective  1  April  1996.   He  was  subsequently
transferred to the  Honorary  Retired  Reserve  on  1 April  1996  for
physical disqualification for active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, Medical  Advisor  SAF  Personnel
Council, states that appropriately, the  applicant  has  been  granted
compensation from the  Department  of  Veterans  Affairs  (DVA)  which
currently is 20% for the right and 10% for the left hip for  Avascular
Necrosis.  With the need for profiling for the symptomatic problem the
applicant developed prior to separation, this case should have  met  a
Medical Evaluation Board (MEB) for the disqualifying defect  confirmed
prior to the applicant’s separation.  The likely result of  disability
evaluation would have been a finding of unfit for  duty  secondary  to
mild symptoms of avascular necrosis, with  separation  with  severance
pay and 20% disability (10% for each hip,  combined  for  a  total  of
20%).

Considering this case in retrospect and considering  the  evidence  of
record,  the  BCMR  Medical  Consultant  recommends  the  records   be
corrected to show the applicant was found unfit for duty  effective  1
October 1994 with a diagnosis of Bilateral Avascular Necrosis  of  the
Femoral Heads, with a disability rating of 20%, rated under VASRD code
5255-5003.

A copy of the Air Force evaluation is attached at Exhibit C.

The Chief, Physical Disability Division, HQ AFPC/DPPD, states that the
purpose of the military disability evaluation 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.

AFPC/DPPD reviewed the application and verify that the  applicant  was
never referred to or considered by the Air Force Disability Evaluation
System under the provisions of AFI 36-3212.

The medical aspects of this case are fully  explained  by  the  AFBCMR
Medical Consultant and AFPC/DPPD agree with that advisory.  Based upon
the preponderance of evidence, it is felt that there exists some doubt
and uncertainty as to the applicant’s  fitness  at  the  time  of  his
release from active duty.  Had an MEB been initiated and presented  to
the Informal Physical Evaluation Board (IPEB) during  the  time  frame
just prior to his release, the Board would have found  him  unfit  for
continued military service  and  recommended  he  be  discharged  with
severance pay with a 20% disability rating.

A complete copy of the Air Force evaluation is attached at Exhibit  D.


The Chief, Claims Branch, Directorate of Debt and  Claims  Management,
DFAS-DE/FYCC, states that after a thorough review of  the  applicant’s
Master Military Pay Account (MMPA), a comparison was done to determine
if the applicant would benefit with a Disability  Severance  Pay  vice
the SSB payment received at separation.

If the applicant were to receive the  disability  severance  pay,  the
total amount would be $38,397.60.  At the time  of  his  release  from
active duty, the applicant received a Special Separation Benefit (SSB)
lump sum payment of $44,876.24.

Based on the evidence, the applicant would benefit by not  having  his
records changed to reflect a medical discharge.

A copy of the DFAS-DE advisory is attached at Exhibit E.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Copies  of  the  Air  Force  evaluations  and  DFAS-DE  advisory  were
forwarded to the applicant on 10 August 1998 for review  and  response
within 30 days.  As of this date, no response  has  been  received  by
this office.

_________________________________________________________________

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.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that his records should be corrected to  reflect  a  medical
discharge versus his voluntary release  from  active  duty  under  the
Early Release Program with Special Separation Benefit (SSB) pay.   His
contentions are duly noted.  The evidence of record reflects that on 1
February 1994, the applicant submitted an  application  and  signed  a
statement of understanding to separate early from  the  Air  Force  to
receive a Voluntary Separation Incentive  or  Special  Separation  Pay
(VSI/SSB).  At that time, he elected to receive the SSB paid in a lump
sum.  As stated by the BCMR Medical Consultant, the applicant was seen
some six months prior to his separation with a complaint of hip  pain.
He was placed on physical profile from  early  July  1994  through  10
September 1994 and for reasons unknown, the applicant was  not  placed
in the disability evaluation system and processed  through  a  Medical
Evaluation Board (MEB).  It was  noted  that  on  12  August  1994,  a
medical record entry referenced the applicant’s approaching  departure
from Italy to Hawaii where he was to separate on 1 October  1994.   It
appears that the applicant was told to follow-up with  orthopedics  in
Hawaii, but no evidence was found that this occurred.   The  applicant
was subsequently retired from Air Force  Reserve  status  due  to  his
being no longer qualified for world-wide duty.  We note that the  BCMR
Medical Consultant and AFPC/DPPD recommended that the applicant should
have his records corrected to reflect that he was found unfit for duty
prior to his early release from active duty and that he should receive
a disability discharge with a disability rating of 20%.  However,  the
Defense  Finance  and  Accounting  Service  (DFAS-DE)   reviewed   the
applicant’s Master Military Pay Account (MMPA) and  a  comparison  was
done to determine if the applicant would benefit by having his records
corrected to reflect a Disability Discharge with  Severance  Pay  vice
the SSB payment he received at separation.   It  was  determined  that
based on the evidence, the applicant would not benefit by  having  his
records changed to reflect a medical discharge.  Changing his  records
as he  requests,  would  create  a  debt  of  over  $6,000.00  to  the
applicant.  Evidence of record  shows  that  the  applicant  is  being
properly compensated by the DVA for his disability.  We agree with the
recommendation of the Defense Finance and Accounting Service  that  to
correct the applicant’s records as he requests  would  be  detrimental
and cause an injustice to him.  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 15 April 1999, under the provisions  of  AFI  36-
2603.

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Gregory W. Den Herder, Member
                  Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Oct 97, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 3 Jun 98.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 29 Jun 98.
   Exhibit E.  Letter, DFAS-DE/FYCC, dated 27 Jul 98.
   Exhibit F.  Letter, AFBCMR, dated 10 Aug 98.




                                   RICHARD A. PETERSON
                                   Panel Chair