RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  00-02694
                                  INDEX CODE 108.01  108.05  108.02
                                        COUNSEL: No

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be medically retired.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His 40% disability rating from  the  Department  of  Veterans  Affairs
(DVA) for injuries he sustained in the Khobar Tower  bombing  in  June
1996 warrants a medical retirement from the Air Force. Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty on 20 Jul 94. During the  period  in
question he was assigned to the 12th Missile Squadron.  On 26 Jun  96,
he was lying on a couch when a large explosion 200 feet away at Khobar
Tower, Saudi Arabia, blew him off the couch and against the wall.   He
was examined and returned to duty later that day.

He continued to experience left knee problems and daily low back  pain
with increasing difficulty  performing  routine  activities.   He  was
repeatedly placed on physical profile for almost three years. Physical
therapy and medications  were  not  beneficial.  On  23  Apr  99,  his
commander  advised  the  Medical  Evaluation  Board  (MEB)  that   the
applicant should be medically retired because he was no longer  world-
wide deployable  nor  able  to  meet  the  minimum  physical  training
requirements.  Orthopedic consultation  agreed  with  a  diagnosis  of
mechanical low back pain with congenital vertebral abnormalities  that
contribute to it.

On 6 May 99, the MEB referred the case to a Physical Evaluation  Board
(PEB).  On 8 Jun 99, an Informal PEB (IPEB) found the applicant  unfit
due to chronic low back pain associated with congenital (existed prior
to service (EPTS)) vertebral abnormalities and scoliosis, status  post
1996  Khobar  Towers  bombing  in  Saudi  Arabia;  EPTS  with  service
aggravation.  The IPEB recommended the applicant  be  discharged  with
severance pay with  a  compensable  disability  rating  of  10%.   The
applicant initially disagreed with the finding on 21 Jun 99, but after
consulting with counsel, he waived his earlier selection for a  Formal
PEB (FPEB) on 22 Jun 99  and  agreed  with  the  IPEB’s  findings  and
recommendation.  The  Office  of  the  Secretary  of  the  Air  Force,
Personnel Council  (SAF/PC),  subsequently  directed  the  applicant’s
discharge for physical disability.

The applicant was honorably discharged for disability  on  22  Sep  99
with 10% severance pay.  He had 5 years, 2 months and 3 days of active
service.  On 7 Apr 00, he was awarded a 40% disability rating  by  the
DVA for degenerative arthritis and disc bulge, lumbar spine L4/L5.

_________________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant reviewed the  appeal  and  provides  his
rationale for recommending denial.

A complete copy of the evaluation is at Exhibit C.

The  Chief,  Special  Actions/BCMR  Advisories,  HQ  AFPC/DPPD,   also
reviewed the case and provides his rational for  recommending  denial.
[The advisory opinion errs when it states in the fifth paragraph  that
the applicant was removed from  the  Temporary  Disability  Retirement
List (TDRL).  The applicant was never recommended for or placed on the
TDRL; he was medically discharged  from  active  duty  with  severance
pay.]

A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the evaluations were forwarded to the applicant and
counsel on 2 Mar 01 for review and comment within 30 days.  As of this
date, this office has received no response.

_________________________________________________________________

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  to  warrant  partial
relief.  We note the applicant has  a  congenital  spinal  abnormality
that was aggravated by his being thrown  against  a  wall  during  the
Khobar Tower  bombing.   Shortly  after  his  medical  discharge  with
severance pay, he was awarded a 40% rating from the DVA. The DAV  also
noted that the applicant’s condition could improve and is  subject  to
future review. The applicant appears to  have  been  fully  functional
with his EPTS condition, but  became  unable  to  perform  his  duties
following the Khobar Tower incident.  His  mild  congenital  condition
was aggravated by this injury.  He  now  apparently  has  degenerative
arthritis and disc bulge with decreased range of motion. We understand
the differences between the disability systems governing the Air Force
and the DVA and how a member may be awarded a higher rating  from  the
DVA following military separation.   However,  in  this  instance,  we
believe when the applicant was  discharged  from  the  Air  Force  his
unfitting condition may not have been  stable  and  warranted  further
evaluation. We conclude that the applicant should have been placed  on
the TDRL, rather than discharged, and his condition  monitored  before
final  resolution.  In  order  to  preclude  the  possibility  of   an
injustice, we therefore recommend the applicant be placed on the TDRL.


_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he was not discharged
from active duty with entitlement to severance pay on 22 Sep 9, but on
23 Sep 99 his name was placed on the Temporary Disability Retired List
for chronic low back pain associated with congenital (existed prior to
service (EPTS)) vertebral abnormalities and scoliosis, status post  29
Jan 96 Khobar Towers bombing in Saudia Arabia, with a  VASRD  code  of
5295 and a compensable rating of 30%.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 April 2001, under the provisions  of  AFI  36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Nancy A. Drury, Member
                  Mr. John E. Pettit, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 5 May 00, w/atchs
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFBCMR Medical Consultant, dated 16 Jan 01.
  Exhibit D.  Letter, HQ AFPC/DPPD, 16 Feb 01.
  Exhibit E.  Letters, SAF/MIBR, dated 2 Mar 01.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR 00-02694



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 he was not
discharged from active duty with entitlement to severance pay on 22
September 1999, but on 23 September 1999 his name was placed on the
Temporary Disability Retired List for chronic low back pain associated
with congenital (existed prior to service (EPTS)) vertebral
abnormalities and scoliosis, status post 29 January 1996 Khobar Towers
bombing in Saudia Arabia, with a VASRD code of 5295 and a compensable
rating of 30%.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency