ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2001-03145
INDEX CODE: 100.06
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
By amendment, her records be corrected to allow her the option of
returning to military service.
_________________________________________________________________
STATEMENT OF FACTS:
On 6 Jun 02, the Board considered an application pertaining to the
applicant, in which she requested that her records be reevaluated to
determine whether she was wrongfully discharged and denied future
employment in the military. The offices of primary responsibility
(OPR) recommended that the applicant receive a medical examination to
determine her medical status at the time of her discharge. The Board
agreed with the OPRs' recommendation and directed that the applicant
undergo a physical examination and review by the Medical Evaluation
Board (MEB), the Physical Evaluation Board (PEB) and the Formal
Physical Evaluation Board (FPEB), if necessary, to determine her
medical condition as of the date of her discharge. A complete copy of
the Memorandum for the Chief of Staff, with attachments, is at Exhibit
A.
On 17 Sep 02, an MEB convened and established a diagnosis of a History
of Myofascial Pain Syndrome in 1998, presently normal examination.
The MEB recommended that the applicant’s case be referred to an
Informal Physical Evaluation Board (IPEB).
On 1 Oct 02, an IPEB convened and established a diagnosis of a History
of Myofascial Lumbar Pain. The IPEB found that the applicant was
unfit because of physical disability, and that the disability was
ratable under VA Diagnostic Code 5290 at 10 percent, and that the
disability may be permanent. The IPEB recommended that the applicant
be discharged with severance pay.
On 30 Oct 02, the applicant disagreed with the findings and
recommended disposition of the IPEB and demanded a formal hearing of
the case.
On 14 Nov 02, an FPEB convened and established a diagnosis of a
History of Myofascial Lumbar Pain. The FPEB found that the condition
was unfitting but was not compensable or ratable. The FPEB found that
the applicant was fit for return to duty. The applicant agreed with
the findings and recommended disposition of the FPEB.
_________________________________________________________________
AIR FORCE EVALUATION:
The Medical Consultant noted that the applicant enlisted in the Air
Force Reserve on 2 Nov 90 for a six-year term of enlistment. Her
initial six-year enlistment was extended five times for a total of 23
months for purposes of achieving medical clearance for reenlistment.
The Medical Consultant further noted that the applicant, a traditional
reservist, was involved in a motor vehicle accident in Mar 94 while on
active duty orders and sustained a whiplash injury. As a result of
complaints of neck pain and back pain she was on a duty limiting
profile for at least three years, undergoing physical therapy two to
three times per week until her separation in Nov 98 from the Air Force
Reserve. It appears from the available documentation that she was not
allowed to reenlist because of her medical condition. It appears that
she did not undergo evaluation in the disability system at that time.
Such an evaluation would have been indicated if she was separated due
to medical disqualification. Since her medical condition was
proximately caused by active duty, the evaluation would also have
included rating and compensation in addition to a determination of
fitness. Following her separation, the applicant requested correction
of records that would enable her to reenter the military, contending
she was fit for military service. The AFBCMR directed an MEB to
ascertain whether she was fit for duty at the time of her separation.
The IPEB concluded that she was not fit at the time of separation and
recommended separation with severance pay. The preponderance of the
evidence in the available records clearly supported their conclusion.
The applicant appealed to the Formal Physical Evaluation Board and she
convinced the FPEB by her testimony that she was fit in Nov 98.
Further, based on the findings and recommendation of the Air Force
orthopedic surgeon in Sep 02 that she was currently fit for duty, the
FPEB recommended she be returned to duty.
According to the Medical Consultant, there was conflicting information
regarding whether she was worldwide qualified for duty at the time of
her separation. Regardless, at the time of her separation, her
physical profiles indicated that she was not fit for worldwide duty
and deployment based on medical evaluations at that time that were
largely based on her report of symptoms that interfered with duty.
Since her medical problem was the proximate result of active duty, she
should have been evaluated through the Disability Evaluation System at
that time and had that occurred, the recommendations of the recent
IPEB is the likely the same result had it occurred in 1998. The
applicant is motivated to reenter military service and has been found
fit for military duty by the FPEB at this time.
The Medical Consultant is of the opinion that change in the records is
warranted to enable the applicant to reenter the military at this
time.
A complete copy of the Medical Consultant’s evaluation is at Exhibit
C.
SAF/MRBP indicated that they considered all of the evidence and
testimony presented before the FPEB, the remarks by the FPEB, the
remarks by the IPEB, the service medical record, and the medical
summary leading to the MEB in arriving at its decision to concur with
the recommendation of the IPEB for a disposition of separation with
severance pay with a 10 percent disability rating. They acknowledged
that the applicant has since recovered from her injuries, which was
supported by a completely normal physical assessment conducted by an
Air Force orthopedic surgeon on 5 Sep 02, but found it was not within
their authority to reinstate her eligibility to reenter active
military service.
A complete copy of the SAF/MRBP evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant on 10
Feb 03 for review and response. As of this date, no response has been
received by this office (Exhibit E).
By letter, dated 22 Apr 03, the AFBCMR staff requested that in light
of the FPEB's finding that she was fit for return to duty, it was
requested that she advise the Board as to the exact nature of the
relief she wished for the Board to consider (Exhibit F).
By letter, dated 8 May 03, the applicant provided a response to the 22
Apr 03 letter, indicating that she would like to be considered for
military service and have the option of returning to duty.
Applicant's complete response is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. Having carefully reviewed the
available evidence, we agree with the recommendation of the Medical
Consultant and adopt his rationale as the basis for our decision that
the applicant has been the victim of an error or an injustice. Since
the applicant has now been found fit for military duty, she should be
afforded the opportunity to return to military service. Accordingly,
we recommend that the applicant’s records be corrected to reflect her
RE Code issued in conjunction with her honorable discharge from the
Air Force Reserve on 1 Nov 98 was “5A.”
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that her Reenlistment
Eligibility (RE) Code issued in conjunction with her honorable
discharge from the Air Force Reserve on 1 Nov 98 was “5A.”
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2001-03145 in Executive Session on 26 Aug 03, under the provisions of
AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Mr. Grover L. Dunn, Member
Ms. Sharon B. Seymour, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. Memorandum for the Chief of Staff, dated
11 Jun 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Medical Consultant, dated 18 Dec 02.
Exhibit D. Letter, SAF/MRBP, dated 27 Jan 03.
Exhibit E. Letter, SAF/MRBR, dated 10 Feb 03.
Exhibit F. Letter, AFBCMR, dated 22 Apr 03.
Exhibit H. Letter, applicant, dated 8 May 03.
JOHN L. ROBUCK
Panel Chair
AFBCMR BC-2001-03145
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 her Reenlistment
Eligibility (RE) Code issued in conjunction with her honorable
discharge from the Air Force Reserve on 1 Nov 98 was “5A.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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