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


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2001-03601
                                             INDEX CODE 108.01  108.05
                                             COUNSEL:  None

                                             HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he asks for  placement
on the Permanent Disability Retirement List (PDRL)  or  the  Temporary
Disability Retirement List (TDRL)  retroactive  to  his  release  from
active duty on 15 May 00 at 40%.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant was a Reserve Individual  Mobilization  Augmentee  (IMA)
who entered active duty on 2 Sep 98 as a  police  officer  at  MacDill
AFB, FL. While on guard duty, he injured his elbow after attempting to
lift  a  full  5-gallon  water  bottle  with  only  his  right   hand.
Ultimately, on 26 Jan 00, a Medical Evaluation  Board  (MEB)  referred
the applicant to a Physical Evaluation Board (PEB) for  chronic  right
elbow pain, possibly representing a partial,  versus  complete,  right
elbow biceps tendon rupture. On 14 Apr  00,  HQ  ARPC/SGP  recommended
administrative discharge for medical reasons. On 2 May 00, an Informal
PEB (IPEB) found the applicant fit and recommended return to duty. The
applicant was released from active duty on 15 May 00 for completion of
active service and transferred to  the  Reserves.  On  7  Mar  01,  HQ
ARPC/SGP placed him on an Assignment Limitation Code “C,” allowing him
to participate for pay and points but not  to  deploy.  An  orthopedic
update on 20 Mar 01 indicated the applicant should undergo surgery  to
repair partial or complete disruption of bicep tendon  with  follow-up
evaluation. On 31 May 01, the applicant was removed for unsatisfactory
participation from the Ready Reserve.

The applicant submitted an appeal requesting permanent retirement with
a disability rating of at least  40%  and  compensation  for  military
malpractice. The evidence of record reflects the variety of  treatment
recommendations and the initial uncertainty of a surgical solution. On
6 Jun 02, based on the available evidence and on  the  recommendations
of the Air Force and the AFBCMR Medical Consultant, the Board directed
that the applicant’s elbow
condition be evaluated at  Wilford  Hall  Medical  Center  (WHMC)  and
reviewed by an IPEB. The results were to be provided to the Board  for
final resolution.

For an accounting of  the  facts  and  circumstances  surrounding  the
applicant’s separation, and, the rationale of the earlier decision  by
the Board, see the Record of Proceedings at Exhibit G.

_________________________________________________________________

AIR FORCE EVALUATION:

An IPEB conducted on 26 Sep 02 recommended placement on the TDRL at  a
disability rating of 30% for right hand upper extremity pain secondary
to biceps insertion tear (pronator syndrome), with reevaluation in one
year. However, an FPEB conducted on 7 Nov 02 recommended the applicant
be discharged with severance pay and a 10% disability  rating.  On  30
Jan 03, the Secretary of the Air Force  Personnel  Council  (SAF/MRBP)
concurred with the recommendation of the IPEB for temporary retirement
at 30%, noting the differing opinions regarding the applicant’s future
medical management. SAF/MRBP recommended reevaluation by an orthopedic
surgeon and a neurologist in 12 months. SAF/MRBP reminds the applicant
that if he declines accepted definitive care offered in  treatment  of
his medical  condition,  an  appropriate  rating  deduction  would  be
applied for noncompliance.

SAF/MRBP’s evaluation, with attachments, is at Exhibit H.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant indicates in his 18 Feb 03 response  that  he  will  not
subject himself to a surgery that has a low expectation of recovery in
the first place and for a diagnosis that is incorrect. He  asserts  he
has a marked and measurable loss of strength in his hand and  arm  and
loss of muscle mass. He lost his chosen career as a direct  result  of
his injury which was worsened by substandard military medical care. He
earns very little and is on constant  medication  for  pain.  Had  the
military doctors acted with competency he  would  be  on  active  duty
today. He wants to be permanently retired at 40% or at least placed on
the TDRL at 40% with a diagnosis of ruptured right biceps tendon  with
disorganized healing. He would welcome being reinstated to active duty
in the unlikely event he is restored 100%, or if he could  cross-train
in a less physical career field such as computer security.



In an additional letter dated 12 Mar 03,  the  applicant  forwarded  a
letter from a doctor of internal medical who advises,  in  part,  that
the applicant cannot return to his former job in the Air Force now  or
in the future, that he is totally disabled from his old job.

Complete copies of the responses, with  attachment,  are  provided  at
Exhibit J.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice to warrant placing  the  applicant  on
the TDRL with a disability rating of 30%. The applicant’s request  for
placement on the PDRL or the TDRL at 40% was noted but  not  favorably
considered. In this regard, the SAF Personnel Counsel apparently  does
not believe at this time that the applicant’s impairment  has  reached
the threshold for applying the maximum  rating  of  40%.  Further,  as
noted  by  SAF/MRBP  and  the   IPEB,   the   variety   of   treatment
recommendations and opinions from different sources appear to indicate
that the best course of action at this time  would  be  to  place  the
applicant on the TDRL with a rating of 30%  with  reevaluation  by  an
orthopedic surgeon and a neurologist in 12 months. As indicated by the
SAF/MRBP, following a suitable convalescent period  in  which  optimum
treatment and relative stability can be achieved, a closer look at the
actual  permanent  impairment  would  allow  a  more  objective  final
adjudication. Therefore, we agree with  SAF/MRBP  that  the  applicant
should be placed on the TDRL at 30% with reevaluation by an orthopedic
surgeon and a neurologist in 12 months.

_________________________________________________________________

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 14 May 2000, he was found unfit to perform the duties  of
his office, rank, grade or rating by  reason  of  physical  disability
incurred while entitled to receive basic pay; that  the  diagnosis  in
his case is right upper extremity pain secondary to  biceps  insertion
tear, disability rating 30%, VASRD code 5305; that the disability  may
be  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; and that the  disability  was
not received in line of duty as a direct result of armed conflict.

      b.  He was not released from active duty  on  15  May  2000  for
completion of required active service and transferred to the Reserves,
but on that date his name  was  placed  on  the  Temporary  Disability
Retired List, and it  is  further  directed  he  be  evaluated  by  an
orthopedic surgeon and a neurologist in twelve (12) months of the date
of this directive.

_________________________________________________________________

The following members of the Board considered this application, AFBCMR
No. BC-2001-03601, in Executive Session on 23 April  2003,  under  the
provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. Ann-Cecile McDermott, Member
                       Mr. Clarence D. Long III, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2001-03601 was considered:

   Exhibit G.  Record of Proceedings, dated 25 Jun 02, w/atchs.
   Exhibit H.  SAF/MRBP’s Letter, dated 30 Jan 03, w/atchs.
   Exhibit I.  AFBCMR’s Letter, dated 5 Feb 03.
   Exhibit J.  Applicant's Letters, dated 18 Feb & 12 Mar 03,
                     w/atch.




                                   RICHARD A. PETERSON
                                   Panel Chair


AFBCMR BC-2001-03601


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:

            a.  On 14 May 2000, he was found unfit to perform the
duties of his office, rank, grade or rating by reason of physical
disability incurred while entitled to receive basic pay; that the
diagnosis in his case is right upper extremity pain secondary to
biceps insertion tear, disability rating 30%, VASRD code 5305; that
the disability may be 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; and that the
disability was not received in line of duty as a direct result of
armed conflict.

            b.  He was not released from active duty on 15 May 2000
for completion of required active service and transferred to the
Reserves, but on that date his name was placed on the Temporary
Disability Retired List, and it is further directed he be evaluated by
an orthopedic surgeon and a neurologist in twelve (12) months of the
date of this directive.




                                             JOE G. LINEBERGER
                                             Director
                                             Air Force Review Boards
Agency