ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02189
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her voluntary retirement for years of  service  be  set  aside  and  she  be
awarded a disability retirement.

_________________________________________________________________

STATEMENT OF FACTS:

At the recommendation of her physician, a  Medical  Evaluation  Board  (MEB)
reviewed the applicant's medical history and recommended that  her  case  be
forwarded  to  the  Physical   Evaluation   Board   (PEB)   for   disability
consideration.  The Informal PEB determined  that  her  conditions  did  not
overcome the presumption of fitness rule and recommended she be returned  to
duty.  She was voluntarily retired for length of service on 1 Aug 98.

On 9 May 02, the Board  considered  the  applicant's  request  that  she  be
awarded a disability retirement.  The applicant contended that she  did  not
receive fair consideration under  the  Disability  Evaluation  System  (DES)
because she already had an established date of separation and the PEB  could
not see past the presumption of fitness rule.

The Board determined that the preponderance of evidence provided in  support
of her appeal appeared  to  meet  the  criteria  required  to  overcome  the
presumption of fitness rule and believed that  she  may  not  have  received
fair and full consideration under the DES.  Accordingly, the Board  directed
that the DES reevaluate her with an opportunity to present her  case  before
a Formal PEB.

The Record of Proceedings, with attachments, is at Exhibit H.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPD  states  that  pursuant  to  the  Board’s  request,  a  medical
examination, MEB, and PEB were  generated.   The  PEB  determined  that  her
medical conditions were not grave or serious  enough  to  prevent  her  from
reasonably performing the duties of her  office,  grade,  rank,  or  rating;
thereby, allowing her to complete her career in  the  Air  Force.   The  PEB
further determined that she had not  overcome  the  presumption  of  fitness
rule and again recommended that she be returned to duty.

The DPPD evaluation, with attachments, is at Exhibit I.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that during her  re-evaluation  she  spent  20  minutes
with a rheummatologist and 15 minutes with the  orthopaedic  surgeon.   With
the amount of time the orthopaedic surgeon spent  with  her,  she  finds  it
difficult to see how he could have  made  such  a  detailed  report  without
using previously submitted reports.  The report  makes  no  mention  of  the
five doctors that said she was not worldwide qualified at the  time  of  the
1998 examination nor does it mention the four doctors who stated  that  they
had  not  provided  the  "correct"  picture  of  her  problems.    Applicant
reiterates that she was not qualified for worldwide duty and  her  commander
signed a letter stating that she was not  worldwide  qualified  due  to  the
degenerative specifics of her problems.  Officials during  both  evaluations
stated that she received the Legion of  Merit  upon  retirement.   That  was
because in spite of all that she had endured, she did her job  and  will  be
suffering physically for the rest of her  life  for  it.   Her  post-service
employment with Bell Helicopter was terminated and she  is  unable  to  work
due to her physical problems.  The orthopaedic specialist  states  that  the
fibromyalgia  most  likely  originated  on  active  duty.   Her   retirement
physical and the Department of Veterans Affairs records  indicate  that  she
had fibromyalgia prior to her discharge.  She has good days  and  bad  days,
but the back and muscle pain is constant.   Even  now  Air  Force  officials
cannot and will not allow for waivers to the  presumption  of  fitness  rule
even  though  they  were   clearly   supported   by   previously   submitted
documentation.  Air Force officials  look  at  the  here  and  now  only  as
opposed to changes in a person's body of future problems.

In  support  of  her  request,  applicant  provided  a  personal  statement,
documents associated with the termination of her employment, and  additional
copies of documentation  previously  submitted.   Her  complete  submission,
with attachments, is at Exhibit J.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing the evidence of record along  with  the  findings  and
recommendation of the PEB, it remains our position  that  the  preponderance
of evidence provided by  the  applicant  and  her  military  medical  record
provides sufficient doubt as to the accuracy of  the  PEB  determination  in
this case.  Based on the evidence of record, it  is  our  opinion  that  the
chronic conditions she suffered while on active duty meet the criteria  that
would overcome the presumption of fitness rule warranting  separation  under
the Disability Evaluation System (DES).  Further, because of the  reluctance
to overcome the presumption of fitness rule, we believe that  the  applicant
may not have received full and fair consideration under the  DES.   In  view
of the foregoing, we believe the benefit of the doubt in this matter  should
be resolved in favor  of  the  applicant  and  that  the  fairest  and  most
equitable resolution would be to recommend that she be granted  a  permanent
disability retirement with a combined disability rating of 40  percent.   In
determining the rating that  should  be  assigned  we  noted  that  the  PEB
diagnosed her unfitting conditions during the time  period  in  question  as
lumbar spondylosis; bilateral degeneratiuve arthritis of the  knees,  status
post  arthroscopies;  and,  fibromyalgia.   Subsequent  to   her   voluntary
retirement  from  the  Air  Force,  she  underwent  a  thorough   disability
evaluation procedure with the Department of Veterans Affairs (DVA)  and  the
DVA granted her service-connected disability with evaluations of 20  percent
for degenerative disk disease of  the  lumbosacral  spine,  10  percent  for
bilateral knee disability, and 10 percent for fibromyalgia.  Accordingly  we
determined that a combined rating of 40 percent would be the  most  feasible
solution  and  recommend  that  her  records  be  corrected  to  the  extent
indicated below.

_________________________________________________________________

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 July 1998, she was  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  were
Lumbar  Spondylosis,  disability  rating  20  percent,  VASRD   Code   5295;
Fibromyalgia, disability rating  10  percent,  VASRD  Code  5025;  Bilateral
Degenerative Arthritis of the Knees, Status Post  Arthroscopies,  disability
rating 10 percent, VASRD Code 5003; with a combined rating  of  40  percent;
that the disability is  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; 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 31 July 1998 and  retired
for length of service on 1 August 1998,  but  on  that  date  her  name  was
placed on the Permanent Disability Retired List.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  01-02189  in
Executive Session on 14 Nov 02, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Carolyn B. Willis, Member
      Ms. Albert F. Lowas, Jr., Member

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

    Exhibit H.  Record of Proceedings, dated 9 May 02, w/atchs.
    Exhibit I.  Letter, AFPC/DPPD, dated 26 Aug 02, w/atchs.
    Exhibit J.  Letter, Applicant, dated 7 Oct 02, w/atchs.




                             CHARLENE M. BRADLEY
                                             Panel Chair


AFBCMR 02-02189




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 APPLICANT, be corrected to show that:

            a.  On 30 July 1998, she was 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 were Lumbar Spondylosis, disability rating 20 percent, VASRD
Code 5295; Fibromyalgia, disability rating 10 percent, VASRD Code
5025; Bilateral Degenerative Arthritis of the Knees, Status Post
Arthroscopies, disability rating 10 percent, VASRD Code 5003; with a
combined rating of 40 percent; that the disability is 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; 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 31 July 1998 and
retired for length of service on 1 August 1998, but on that date her name
was placed on the Permanent Disability Retired List.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency