RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01548
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be processed through the Disability Evaluation System (DES).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letters prepared by the
appropriate offices of the Air Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
Chief, Medical Consultant, AFBCMR, reviewed the application and states that
a Medical Evaluation Board (MEB) should have been accomplished prior to her
separation from active duty. She immediately joined the Reserves, but she
had a recurrence of symptoms and was diagnosed with Multiple Sclerosis (MS)
and met an MEB on 6 July 1999. Therefore, the Chief, Medical Consultant
recommends the MEB, dated 6 July 1999 be referred to an Informal Physicial
Evaluation Board (IPEB) as was originally planned and that disposition be
made through the disability system as required by regulation.
A complete copy of the Air Force evaluation is attached at Exhibit C.
The Chief, Disability Operations Branch, AFPC/DPPD, reviewed the
application and states the applicant is not currently eligible for
processing through the DES since she has not been on orders while in
Reserve status or entitled to basic pay when she was diagnosed for MS in
March 1999.
A complete copy of the Air Force evaluation is attached at Exhibit D.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After thoroughly reviewing the
evidence of record, we believe there is sufficient doubt as to whether or
not the applicant would have been placed on the Temporary Disability
Retired List (TDRL) had she met an MEB prior to her separation from active
duty. In this respect, we note that while on active duty, the applicant
had early manifestations of MS. However, it was felt that she had an
isolated episode of transverse myelitis, a demyelinating, but supposedly
self-limited, disease of the central nervous system. Due to her condition,
she was prepared for an MEB; however, this was not accomplished prior to
her separation from active duty. After her separation, the applicant
immediately joined the Reserves and had a recurrence of her symptoms. It
was at that time, that she was diagnosed with MS. The comments of the
Chief Medical Consultant are noted; however, since the applicant was not on
official orders while in a Reserve status or entitled to basic pay at the
time of her diagnosis, she is ineligible for processing through the
disability system. Therefore, based on the totality of the evidence before
this Board and in an effort to remove any possibility of an injustice, we
recommend that she be found unfit and placed on the TDRL, effective 1
October 1998. Therefore, we recommend the applicant’s records be corrected
to show that she was placed on the TDRL which will allow for reevaluation
of her condition.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that:
a. On 30 September 1998, she was found unfit to perform the duties
of her office, rank, grade or rating by reason of physical disability
incurred while entitled to receive basic pay; that the diagnosis in her
case was transverse myelitis, secondary to acute disseminated
encephalomyelitis, VA Code 8010, rated at 30%; that the disability may be
permanent; that the disability was not due to intentional misconduct or
willful neglect; that the disability was not incurred during a period of
national emergency; and that the disability was not received in line of
duty as a direct result of armed conflict.
b. She was not released from active duty on 30 September 1998, but
on 1 October 1998, her name was placed on the Temporary Disability Retired
List (TDRL).
The following members of the Board considered this application in Executive
Session on 28 October 1999, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Ms. Barbara J. White-Olson, Member
Mr. Lawrence R. Leehy, Member
Mr. Phillip E. Horton, Examiner (without vote)
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jun 99, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 4 Aug 99.
Exhibit D. Letter, AFPC/DPPD, dated 1 Sep 99.
TERRY A. YONKERS
Panel Chair
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