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AF | BCMR | CY2003 | BC-2001-03145A
Original file (BC-2001-03145A.doc) Auto-classification: Approved

                            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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