RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02728
            INDEX NUMBER:  145.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be
corrected to show he was retired  or  separated  by  reason  of  physical
disability, and that his reenlistment and separation codes  be  corrected
to reflect either a medical  retirement  or  a  medical  separation  with
entitlement to full severance pay.

___________________________________________________________________

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 EVALUATIONS:

The Chief Medical  Consultant,  AFBCMR,  reviewed  this  application  and
recommended that the Board either grant the applicant’s request and award
a  disability  separation  with  10%  disability  for  degenerative  disc
disease, mild, rated under VASRD Code 5293, Intervertebral Disc  Syndrome
or, direct that a special review be accomplished by the Disability Branch
to review all pertinent information relating to the case so that a proper
outcome may be determined.  In his opinion, the case does not meet common
sense criteria.  A 13+ year, highly regarded airman develops  a  service-
connected disability that leads to profiling with significant  limitation
of physical activities that preclude selection for duty in any Air  Force
Specialty Code (AFSC) and he is returned to duty by the Informal Physical
Evaluation Board (IPEB) and then denied reenlistment and discharged  with
½ separation  pay  and  no  further  compensation.   It  is  unclear  why
personnel at HQ AFPC/DPPDS denied a request for special review  submitted
by the applicant’s medical facility commander as not showing  significant
new medical evidence upon which to base such review, when records clearly
indicate  progression  of  cervical   spine   radicular   symptoms   from
information previously provided for the original  disability  evaluation.
As the Air Force was unable to use the returned airman  in  any  capacity
because of physical unfitness and limitations, the proper thing to do  in
this case was to have reconsidered the  evidence,  granted  a  disability
separation that would have provided full severance pay, and  accomplished
the right thing for this individual.

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

The USAF Physical Disability Division, AFPC/DPPD,  recommended  that  the
applicant’s records be corrected to show that on 12 April  2000,  he  was
found unfit by reason of physical disability and that the  diagnosis  was
mild degenerative disc disease, VASRD  code  5293,  rated  at  10%,  with
entitlement to disability severance pay.  They recommended disapproval of
the applicant’s request for a disability retirement.

A thorough review of the case file revealed that an injustice might  have
occurred  at  the  time  of  discharge.   Records  show  that  a  Medical
Evaluation Board (MEB) was initiated in which the  PEB  recommended  that
the member be cross-trained.  Following the finalization of  the  initial
MEB/PEB, records indicate that a classification action occurred in  which
they  removed  his  Primary  AFSC  and  cross-training  proceedings  were
initiated.  Records infer that the Air  Force  was  unable  to  find  the
applicant another specialty to  cross-train  into  due  to  his  numerous
medical limitations.  It appears that if the Air Force was unable to find
him another AFSC through retraining, they should have  initiated  another
MEB.  On 13 February 2001, the IPEB reviewed  the  applicant’s  file  and
concluded that had a new MEB been  initiated  under  the  above-mentioned
circumstances, the IPEB would have found him unfit for continued military
service and rated his medical condition in accordance with  the  Veterans
Administration Schedule for Rating Disabilities  (VASRD)  under  military
disability laws and policy.  Subsequently, the IPEB believes  they  would
have recommended that he be discharged with severance pay with  a  10-20%
disability rating.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

The applicant stated that his degenerative disc disease is referred to as
mild, and from reading the evaluation from DPPD,  his  records  were  not
available.  He has submitted a claim to the Department of Veteran Affairs
(DVA), which is probably why his medical records were not available.  The
information is 2½ years old and he has seen other physicians since  then.
If the Board bases its decision on the Air Force evaluations, the  amount
of separation pay owed to him needs to be corrected on his DD  Form  214.
He also asks if the  10%  rating  will  affect  the  DVA  findings.   The
applicant’s complete response is at Exhibit F.

___________________________________________________________________

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 the applicant’s submission, we are  not  persuaded
that his medical condition at the time of discharge was of such  severity
to warrant retirement by reason of physical disability.  His  contentions
are duly noted; however, we do not  find  these  assertions  sufficiently
persuasive to recommend favorable action.

4.  While  we  determined  that  the  applicant  is  not  entitled  to  a
disability retirement, sufficient relevant evidence has been presented to
demonstrate the existence of probable error  or  injustice  warranting  a
disability separation with  severance  pay.   Therefore,  we  accept  the
opinion and recommendation from the BCMR Medical Consultant and the  USAF
Physical Disability Division, who indicate that, had the  applicant  been
properly processed through the Disability  Evaluation  System,  he  would
have been found unfit for continued military service  and  his  condition
would have been rated in  accordance  with  the  Veterans  Administration
Schedule for Rating Disabilities (VASRD) under military laws and  policy.
Based on the Air Force evaluations, we  recommend  that  the  applicant’s
records be corrected to the extent indicated below.  His separation  code
and reenlistment eligibility code should be corrected to comport  with  a
disability discharge with entitlement to severance pay.

5.  With respect to the question raised by the applicant in his  rebuttal
concerning the effect that a disability rating of 10% will  have  on  the
DVA’s findings, the Air Force’s rating does not affect  the  findings  of
the DVA.  However, any compensation he receives from the Air Force may be
subject to recoupment by the DVA.

6.  The documentation provided with this case was sufficient to give  the
Board a clear  understanding  of  the  issues  involved  and  a  personal
appearance, with or without counsel, would not have
materially added to that understanding.  Therefore,  the  request  for  a
hearing is not favorably considered.

___________________________________________________________________

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 12 April 2000, he was found unfit to perform the  duties  of
his office, rank, grade  or  rating  by  reason  of  physical  disability
incurred while entitled to receive basic pay; that the diagnosis  in  his
case was mild degenerative disc disease, VASRD Code 5293,  Intervertebral
Disc Syndrome, rated at 10 percent; that the  disability  was  permanent;
that the disability was not due  to  intentional  misconduct  or  willful
neglect; that  the  disability  was  not  incurred  during  a  period  of
unauthorized absence; and that the disability was  not  received  in  the
line of duty as a direct result of armed conflict.

      b.  On 13 April 2000, he was honorably discharged by  reason  of  a
physical disability with entitlement to disability severance  pay,  rated
at 10 percent, under the provisions of  Title  10,  United  States  Code,
Section 1203 and AFI 36-3212.
___________________________________________________________________

The  following  members  of  the  Board   considered   this   application
in Executive Session on 3 April 2001, under  the  provisions  of  AFI 36-
2603:

            Ms. Charlene M. Bradley, Panel Chair
            Mr. Timothy Beyland, Member
            Mr. Roscoe Hinton, Jr., Member

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

      Exhibit A.  DD Form 149, dated 28 Sep 2000, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 17 Jan 2001.
      Exhibit D.  Letter, AFPC/DPPD, dated 14 Feb 2001.
      Exhibit E.  Letter, SAF/MIBR , dated 2 Mar 2001.
      Exhibit F.  Letter, Applicant, dated 14 Mar 2001.




               CHARLENE M. BRADLEY
               Panel Chair





AFBCMR 00-02728



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 12 April 2000, he was found unfit to perform the
duties of his office, rank, grade or rating by reason of physical
disability incurred while entitled to receive basic pay; that the
diagnosis in his case was mild degenerative disc disease, VASRD Code
5293, Intervertebral Disc Syndrome, rated at 10 percent; that the
disability was permanent; that the disability was not due to intentional
misconduct or willful neglect; that the disability was not incurred
during a period of unauthorized absence; and that the disability was not
received in the line of duty as a direct result of armed conflict.

            b.  On 13 April 2000, he was honorably discharged by reason
of a physical disability with entitlement to disability severance pay,
rated at 10 percent, under the provisions of Title 10, United States
Code, Section 1203 and AFI 36-3212.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency