RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00362
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her administrative discharge be changed to a medical discharge so that
she can receive benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She went into a coma for about two months. She believes that the flu
shot she was given caused her physical condition. Therefore, her
condition should be considered “duty-related.”
In support of her appeal, the applicant provided congressional
correspondence, which included a letter from her congresswoman, a
personal statement, and a copy of her discharge order.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was relieved from her Reserve assignment and discharged from
the Air Force Reserve effective 21 Jan 97 under the provisions of AFI
36-3209 (Physical Disqualification). She was credited with five years
of satisfactory Federal service for retirement.
The relevant facts pertaining to this application 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:
The Chief Medical Consultant, AFBCMR, reviewed this application and
recommended denial. The Medical Consultant noted that the applicant
was a Reservist with less than 20 satisfactory years for retirement
when she developed a demyelinating disease of the central nervous
system probably secondary to multiple sclerosis in Nov 95. Symptoms
included right-sided numbness and tingling sensations, and a month
later, she entered a coma that lasted about a month and a half. She
stated that she was on a Reserve weekend and reported symptoms of
facial and right arm and leg numbness to her officer in charge (OIC).
Apparently the next day she called in sick and remembers little after
that until coming out of the coma. The Medical Consultant indicated
that there was no indication in the medical records that she ever
reported these symptoms as she stated. Subsequent review by the
Reserve Surgeon General personnel resulted in the physical
disqualification determination and her administrative discharge
followed. The Medical Consultant noted the applicant mentioned that
she is concerned that an influenza immunization she received in Oct 95
may have been a contributor to her neurologic condition.
According to the Medical Consultant, the medical records show that the
applicant gave a history of having two "blackout spells" in 1984, two
years prior to her initial enlistment when she was 15 years old,
episodes that were never investigated or explained. She also reported
being treated for "hypoglycemia" on a periodic physical examination in
Jul 94, although no duty impact was found.
The Medical Consultant indicated that records were quite sparse
concerning the nervous system disorder, and contain only two letters
written by physicians attesting to the applicant’s problem and
rehabilitation efforts, in addition to the discharge package prepared
following her fitness determination. Multiple sclerosis (MS) is a
disease primarily found in young women with its highest onset between
20 and 40 years of age. The fact that the applicant has been
diagnosed with a demyelinating disease, most likely MS, indicated a
chronic condition that has no known cause other than suspected
exposure to some remote virus as a possible etiology. It is not
possible to connect the disease symptom onset to a specific event such
as an influenza vaccination, and the applicant's concern for this
possibility is not valid. Reactions to immunizations most commonly
are immediate (pain, local swelling, fever) or develop over a few days
with fever, rash, joint pain in a serum sickness reaction, a highly
uncommon event with this type of immunization. This latter problem is
easily treated with simple medications. Nothing in the records
indicated a connection between the applicant’s onset of symptoms and
subsequent period of coma, and either her weekend Reserve duty or the
previous immunization. A fitness for duty determination was
appropriate for a Reservist who becomes disabled for performance of
duty from disease or injury not directly related to his/her military
duties. According to the Medical Consultant, it was clear that no
error or inequity occurred in this case which warranted a record
correction as now sought.
A complete copy of the Medical Consultant’s evaluation is at Exhibit
C.
The Physical Disability Division, AFPC/DPPD, reviewed this application
and recommended denial. According to DPPD, Reserve members with non-
duty related impairments are not eligible for processing through the
Military Disability Evaluation System (MDES) and, as such, are not
eligible for disability compensation from the Air Force. Members
identified for processing are referred into the MDES by the Air
Reserve Command (ARC).
DPPD indicated that in accordance with Department of Defense Directive
(DoDD) 1331.18, dated 4 Nov 96, any member of the Ready Reserve, who
is pending separation for a non-duty related impairment, shall be
afforded the opportunity to enter the disability evaluation system
solely for a determination of fitness (a second opinion) which they
must request at the time of their case review by the Reserve. If
found unfit by the MDES, the case is returned to ARC for disposition
as they see fit. There was no evidence in the AFBCMR case file that
the applicant was referred to the MDES for a fitness determination;
however, DPPD opined that it would not have changed the disposition by
ARC.
DPPD stated that a thorough review of the case file revealed no errors
or irregularities in the processing of the applicant's discharge from
the Reserve that would warrant a change to her military records to
reflect she received a disability retirement under the provisions of
disability law and policy. The request for a military disability
retirement is without legal basis. The medical aspects of this case
are fully explained by the Medical Consultant; they agree with his
advisory.
In DPPD’s view, the applicant has not submitted any material or
documentation to substantiate her claim that her condition is duty-
related. Further, DPPD recommended referral of this case to ARC for
comments.
A complete copy of the DPPD evaluation is at Exhibit D.
The Military Personnel Division, AFRC/DPM, reviewed this application
and recommended denial. DPM noted the Aerospace Medicine Branch,
AFRC/SGPA, indicated in their memorandum, dated 15 Sep 00, that there
was no medical documentation which supported the conclusion that the
medical diagnosis for which the applicant was administratively
discharged was caused by the administration of the flu vaccine.
Further, they stated that the applicant has not provided any new
documentation which supports her claim.
AFRC/SGPA recommended that her request for relief not be granted.
According to DPM, they concur with AFRC/SGPA’s recommendation.
A complete copy of the DPM evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant on 3
Nov 00 for review and response. As of this date, no response has been
received by this office (Exhibit F).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. The applicant's
complete submission was thoroughly reviewed and her contentions were
duly noted. However, we do not find the applicant’s assertions and
the documentation presented in support of her appeal sufficiently
persuasive to override the rationale provided by the Air Force offices
of primary responsibility (OPRs). Therefore, in the absence of
evidence which shows to our satisfaction that the information used as
a basis for her physical disqualification for continued service in the
Air Force Reserve was erroneous, we adopt the Air Force rationale and
conclude that no basis exists to recommend granting the relief sought
in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 21 Nov 00 and 11 Dec 00, under the provisions of
AFI 36-2603:
Mr. Patrick R. Wheeler, Panel Chair
Mr. E. David Hoard, Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Feb 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Medical Consultant, dated 9 Mar 00.
Exhibit D. Letter, AFPC/DPPD, dated 14 Apr 00.
Exhibit E. Letter, AFRC/DPM, dated 6 Oct 00, w/atch.
Exhibit F. Letter, SAF/MIBR, dated 3 Nov 00.
PATRICK R. WHEELER
Panel Chair
HQ AFRC/SGPA states in their memorandum, dated 13 July 2000, that they do not find any medical documentation in this request or from the applicant’s former Reserve medical unit which indicates she had a medically disqualifying condition at the time her commander took administrative action. However, at any prior time when she was over the maximum weight allowance, she always met body fat measurements. Exhibit E. Applicant, dated, 20 September 2000.
ARMY | BCMR | CY2014 | 20140001761
Application for correction of military records (with supporting documents provided, if any). The applicant's available records do not contain a copy of her LOD determination. The physical profile she was issued on 6 June 2009 shows the issuing officer determined the applicant was not able to perform any standard or alternate APFT events.
_________________________________________________________________ STATEMENT OF FACTS: The applicant, a member of the Air Force Reserve, was processed through the Disability Evaluation System (DES) when her disability case was referred to the Informal Physical Evaluation Board (IPEB) in December 1999, for a diagnosis of dysthymic disorder. Counsel provided a statement supporting the applicant’s requests to change the IG findings; credit satisfactory service to 20 plus years; change the AF...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00747 INDEX CODE: 108.05 COUNSEL: DAV HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: She receive pay for the 6 years she spent on the Temporary Disability Retired List (TDRL) from 6 Jun 91 through 4 Jun 97; that her TDRL pay be non-taxable; she receive continued disability (incapacitation) pay; and, her records be...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00132 INDEX CODE: 108.01, 110.02, 122.01 COUNSEL: Mr. MICHAEL J. CALABRO HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His Not In Line of Duty (NLOD) determination be removed from his records; all documents and references pertaining to the NLOD determination be removed from his records; his request for transfer to the...
` RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-01235 INDEX CODE 108.01 108.02 xxxxxxxxxxx COUNSEL: None xxxxxxxxxxx HEARING DESIRED: No APPLICANT REQUESTS THAT: Her medical records and fainting episodes be evaluated by a Medical Evaluation Board (MEB) as if she were still on active duty. A copy of the complete evaluation is at Exhibit C. The Chief, Aerospace Medicine Division, HQ AFRC/SGP, also reviewed the case and indicates...
AF | BCMR | CY2006 | BC-2005-01954
The fact that the applicant has been granted service connected disability from the DVA does not entitle her to Air Force disability compensation. Applicant contends her psychiatric condition was aggravated by her Air Force Reserve service. We believe it is interesting to note that although the applicant was diagnosed with personality disorder while on active duty and reported symptoms of depressed mood at the time of her separation examination, she did not seek medical attention nor was...
The AFPC/JA evaluation is at Exhibit L. ___________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: The applicant's counsel reiterated his previous assertions and states that he disagrees with DPPD and JA that the applicant did not provide any new evidence. ___________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: Counsel reviewed the additional advisory and provided a response which...
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Military Personnel Division, Air Force Reserve Command, HQ AFRC/DPM, states that there was no medical documentation provided for Headquarters Air Force Reserve Command, Surgeon General (HQ AFRC/SGPS) to review previously nor with this request for correction of military records which supports applicant’s claim that his back problems are associated with his duty in Germany. The Consultant...
AF | BCMR | CY1999 | BC-1997-02878
_________________________________________________________________ AIR FORCE EVALUATION: The Chief, Military Personnel Division, Air Force Reserve Command, HQ AFRC/DPM, states that there was no medical documentation provided for Headquarters Air Force Reserve Command, Surgeon General (HQ AFRC/SGPS) to review previously nor with this request for correction of military records which supports applicant’s claim that his back problems are associated with his duty in Germany. The Consultant...