RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01873
INDEX CODE: 110.00
COUNSEL: Dept of Vet Affairs
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her disability discharge with entitlement to severance pay be set aside,
and she be awarded a permanent disability retirement.
_________________________________________________________________
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 letter prepared by the
appropriate office 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 states
that he 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 at Exhibit C.
The Directorate of Personnel Program Management, AF/DPPD, also reviewed
this application and states that they recommend denial of the applicant’s
request. The member has not submitted any material or documentation to
show she was improperly rated or processed under the provisions of military
disability laws and policy at the time of her placement on the TDRL, and
subsequent disability discharge with entitlement to severance pay.
A complete copy of their evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 September 2000 copies of the Air Force evaluations were forwarded to
applicant for review and response within thirty (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 not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After thoroughly reviewing the
documentation presented, we believe that some form of relief is warranted
in this case. Clearly, we are not qualified to determine whether the
applicant should be permanently retired for her medical condition; however,
we are persuaded that she was removed from the TDRL in 1998 before her
condition was fully manifested and stabilized. In coming to this
conclusion, we considered the following factors: In August 1997, the DVA
awarded the applicant a combined disability rating of 60 percent for
neurogenic bladder (40 percent), spondylolisthesis (10 percent), and
cognitive disorder (30 percent). In addition, we note that in December
1998, during her TDRL reevaluation, the consulting physician, a
neurologist, recommended that she be continued on the TDRL indicating that
her deficits, while stable, were likely to persist. We recognize that
final disposition of a disability case is based on a “snapshot in time;”
however, we believe that her cognitive disorder condition was of such a
progressive nature that a true picture of her condition was not captured
when it was determined that she should be removed from the TDRL and
discharged on 10 August 1998. In fact, a 15 August 1998 entry in her DVA
medical records indicates that “pt will likely test + for MS at some point
in the future.” Additionally, we note that in January 1999, the DVA care
provider indicated that “far more likely than not she has multiple
sclerosis.” Considering that these findings were made so closely after the
final disposition of the case was made by the Air Force, we are
sufficiently persuaded that it is possible that this determination was made
prematurely. In view of these findings, we are of the opinion that the
benefit of the doubt should be resolved in favor of the applicant.
Therefore, we recommend that she be returned to the TDRL which will ensure
that she receive one last reevaluation before the five period for placement
on the TDRL expires.
_________________________________________________________________
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 10 August 1998, she was not discharged, for physical
disability per AFI 36-3212 with entitlement to disability severance pay,
but on that date, she continued on the Temporary Disability Retired List
for cognitive disorder, not otherwise specified with possible somatization
disorder component; definite impairment of social and industrial
adaptability, VASRD code 9399-9311, rated at 30 percent.
b. She be scheduled for a medical evaluation as soon as possible.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 6 December 2000, under the provisions of AFI 36-2603:
Mr. Teddy L. Houston, Panel Chair
Mr. Laurence M. Groner, Member
Ms. Diana Arnold, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jun 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 10 Aug 00.
Exhibit D. Letter, AFPC/DPPD, dated 12 Sep 00.
Exhibit E. Letter, SAF/MIBR, dated 29 Sep 00.
TEDDY L. HOUSTON
Panel Chair
AFBCMR 00-01873
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to, be corrected to show that:
a. On 10 August 1998, she was not discharged, for physical
disability per AFI 36-3212 with entitlement to disability severance pay,
but on that date, she continued on the Temporary Disability Retired List
for cognitive disorder, not otherwise specified with possible somatization
disorder component; definite impairment of social and industrial
adaptability, VASRD code 9399-9311, rated at 30 percent.
b. She be scheduled for a medical evaluation as soon as
possible.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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