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AF | BCMR | CY2003 | BC-2001-03585A
Original file (BC-2001-03585A.doc) Auto-classification: Approved

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

IN THE MATTER OF:      DOCKET NUMBER: 01-03585

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her disability percentage of 60% be increased to 100%.

_________________________________________________________________

RESUME OF CASE:

On 19 April 2001, a Medical Evaluation Board  (MEB)  convened  to  determine
whether the  applicant  should  be  continued  on  active  duty  because  of
persistent neurological and/or emotional conditions which, despite  adequate
treatment, interfered with her effective performance of  duties.   Based  on
the diagnoses of cervicalgia with radiculopathy, degenerative disc  disease,
ulnar neuropathy, headache, depression,  demylelination,  and  chronic  pain
syndrome, they  referred  her  to  an  Informal  Physical  Evaluation  Board
(IPEB).

On 10 September 2001, an IPEB convened and  determined  that  based  on  the
diagnoses of multiple  sclerosis  associated  with  cervicalgia  with  ulnar
radiculopathy, depression, and headaches  of  mixed  etiology,  VASRD  8018-
8105, she be permanently retired with a 50%  disability  rating.   The  IPEB
indicated that the applicant suffered from a  variety  of  conditions  which
were manifested by overlapping  symptoms,  any  of  which  singularly  would
probably not prevent  her  from  performing  duties  commensurate  with  her
office, grade, rank, or rating, but jointly rendered her unfit  for  further
military  duty.   The  applicant  did  not  agree  with  the  findings   and
recommendations of the IPEB and demanded a formal hearing  before  a  Formal
Physical Evaluation Board (FPEB).

On 17 October 2001, an FPEB convened and based on the diagnoses of  multiple
sclerosis associated with cervicalgia with ulnar radiculopathy,  depression,
and headaches  of  mixed  etiology,  VASRD  8018-8105,  rated  at  50%,  and
fibromyalgia, VASRD 5025, rated  at  20%,  recommended  she  be  temporarily
retired with a 60% disability rating.   The  FPEB  noted  that  the  current
compensable rating reflected great benefit of doubt given to  the  applicant
because the depressive symptoms  so  overlapped  the  other  symptoms.   The
applicant did not agree with the findings and  recommendation  of  the  FPEB
and indicated her desire to submit a rebuttal.  The applicant  had  until  1
November 2001  to  submit  her  rebuttal.   On  2 November  2001,  AFPC/DPPD
indicated that no rebuttal was received by  close  of  business  1  November
2001.

Effective 25 December 2001,  the  applicant  was  placed  on  the  Temporary
Disability Retired List (TDRL) with a compensable disability  percentage  of
60%.  The applicant completed 18 years, 3 months,  and  24  days  of  active
service.

On 16  April  2002,  the  Board  considered  applicant’s  request  that  her
disability percentage be increased to  100%.   The  Board  found  sufficient
evidence to warrant correcting the applicant’s records to reflect  that  she
timely filed an appeal of the FPEB’s findings and  recommendations  and  her
appeal  was  forwarded  to  the  Air  Force  Personnel  Board   (AFPB)   for
consideration prior to rendering a final decision on her  request  that  the
percentage of her disability be upgraded to 100%.

On 10 July 2002, the Director, Air Force Review Boards Agency, approved  the
recommendation of the Board and directed that the applicant’s appeal to  the
findings and recommendation of the Formal Physical Evaluation  Board  (FPEB)
be forwarded to the Air Force Personnel Board (AFPB)  for  consideration  in
accordance with AFI 36-3212 and the findings of the  AFPB  be  forwarded  to
the Air Force Board for Correction  of  Military  Records  at  the  earliest
practicable date so that  all  necessary  and  appropriate  actions  may  be
completed.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPPD states, in part, that the findings and recommendation of the  FPEB
along  with  the  applicant’s  rebuttal  for  a  permanent  retirement  were
forwarded to the Secretary of the Air Force Personnel  Council  (SAFPC)  for
adjudication and SAFPC recommended that she be removed  from  the  TDRL  and
permanently retired with a 60% rating.

The AFPC/DPPD evaluation, with attachment, is at Exhibit H.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant reviewed the additional Air Force evaluation  and  provided  a
response.  In further support  of  the  appeal,  she  submits  her  personal
statement,  a  statement  from  a  recent  roommate,  and  various  articles
regarding depression and multiple sclerosis.

The applicant’s complete responses, with attachments, are at Exhibits J  and
K.

____________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient  relevant  evidence  has  been  presented  to   demonstrate   the
existence  of  error  or  injustice  to  warrant  permanently  retiring  the
applicant  by  reason  of  physical  disability.   The  FPEB  findings   and
recommendations  and  the  applicant’s  appeal   to   those   findings   and
recommendations have been considered by the  SAFPC.   The  SAFPC  recommends
that she be permanently retired with a combined  disability  rating  of  60%
(50% for Multiple Sclerosis and 20% for  Fibromyalgia).   However,  after  a
thorough review of the evidence of record  and  applicant’s  submission,  we
believe that she should  be  permanently  retired  with  a  100%  disability
rating.  In this respect, we note that in preparation for her MEB,  she  was
examined by a Veterans Administration (VA) Contract Physician who  indicated
that, in his opinion, she is most likely 100% disabled.   In  addition,  the
applicant’s roommate has provided  a  statement  detailing  the  applicant’s
recent day-to-day struggle with her debilitating  conditions.   In  view  of
this, and given the Medical Report, dated 24 July 2001,  we  recommend  that
the  applicant  be  permanently  retired  with  a  100%  disability   rating
effective the date of this Board.

____________________________________________________________

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 January 2003, her name  was  removed  from  the  Temporary
Disability Retired List (TDRL).

      b.    On 31 January 2003, she was honorably discharged and,  effective
1  February  2003,  she  was  permanently  retired  by  reason  of  physical
disability under the provisions of Title 10, USC, Section 1201, and AFI  36-
3212, with a compensable disability rating of 100%.

____________________________________________________________

The following members of the Board  considered  Docket  Number  01-03585  in
Executive Session on 31 January 2003, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mrs. Carolyn J. Watkins, Member
                       Mr. George Franklin, Member





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

    Exhibit G.  Record of Proceedings, dated 10 Jul 02, w/atchs.
    Exhibit H.  Letter, AFPC/DPPD, dated 3 Sep 02, w/atchs.
    Exhibit I.  Letter, AFBCMR, dated 18 Sep 02.
    Exhibit J.  Letter, Applicant, dated 17 Oct 02, w/atchs.
    Exhibit K.  Letter, Applicant, dated 12 Dec 02.





                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

AFBCMR 01-03585




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 January 2003, her name was removed from the
Temporary Disability Retired List (TDRL).

            b.   On 31 January 2003, she was honorably discharged and,
effective 1 February 2003, she was permanently retired by reason of
physical disability under the provisions of Title 10, USC, Section 1201,
and AFI 36-3212, with a compensable disability rating of 100%.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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