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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