RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-01886
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His honorable discharge be changed to a disability retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His conditions of extreme back pain, chronic adjustment disorder,  and
elbow  pain,  which  are   service-connected,   prevented   him   from
reenlisting in the Air Force.

In support of his appeal, the applicant provided a copy of his DD Form
214, Certificate  of  Release  or  Discharge  from  Active  Duty,  and
documentation from the Department of Veterans Affairs (DVA).

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21  Aug  96  for  a
period of four years.  Prior to the matter under review, the applicant
was promoted to  the  grade  of  senior  airman.   He  received  three
Enlisted Performance Reports  (EPRs)  in  which  he  received  overall
ratings of 4, 5, 4 (1-5 (Highest)), respectively.

Applicant was released from  active  duty  on  20  Aug  00  under  the
provisions of AFI 36-3208 (Completion  of  Required  Active  Service),
with service characterized as honorable.  He was credited with 4 years
of active duty service.

On 21 Aug  00,  the  applicant  filed  a  disability  claim  with  the
Department of Veterans Affairs.  He was assigned a 10  percent  rating
for anxiety disorder, and a 20 percent rating  for  degenerative  disc
disease of the low back.  In  Jan  01,  the  rating  for  his  anxiety
disorder was increased to 30 percent  for  a  combined  rating  of  40
percent.  A Rating Decision, dated 23 May 02, increased his rating for
his back to 40 percent, effective 28 Nov 01.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

The Medical Consultant recommended denial noting  that  the  applicant
was referred to  Mental  Health  on  Jun  98  for  a  command-directed
evaluation because  of  an  episode  of  domestic  dispute  (with  his
girlfriend) that resulted in his arrest for alleged  physical  assault
and potential contribution of alcohol.  No  mental  health  diagnosis,
including  alcohol  abuse,  resulted  from  that  evaluation.   Health
assessment questionnaires in Aug 98 and  Apr  00  indicated  that  the
applicant had no mental health problems and rated his mental health as
excellent.  The applicant presented on 31 Mar  00  for  a  history  of
bilateral elbow pain with weightlifting diagnosed  as  chronic  medial
epicondylitis.  He was treated with anti-inflammatory  medication  and
physical therapy.  The applicant experienced the  onset  of  low  back
pain while weightlifting in May 99 (dead lifting 405 pounds).  He  was
evaluated on 18 May 00 for recurrent pain  with  weightlifting.   Each
time  he  was  treated  with  physical  therapy  and  analgesic  anti-
inflammatory  medication.   On  19  Jul  00,  he  underwent   magnetic
resonance imaging (MRI)  of  his  spine  revealing  degenerative  disc
disease at the L4-L5 and L5-S1 levels associated with a bulging of the
L4-5 disc making minimal contact with the right L5  nerve  root.   The
management  of  his  back  and  elbow  pain  did  not   include   duty
restrictions.  There were no duty limiting physical  profiles  in  the
service medical records.

The Medical Consultant also noted that the applicant  completed  a  DD
Form 2697, Report of Medical Assessment, as  part  of  his  separation
physical examination in Jun 00, reporting problems with low back pain,
shin splints and bilateral elbow tendonitis.   He  reported  that  his
tendonitis gave him a lot of  pain  when  pushing  and  pulling  heavy
pallets.  He underwent his physical examination on 22 Jun 00  and  the
provider reviewed and evaluated his medical conditions.  The  provider
recorded that he had a history of  tendonitis  involving  both  elbows
(lateral epicondylitis) since April 1999 that  improved  with  therapy
but with some residual pain with repetitive movement.   A  history  of
low back pain was first noted in May  99  when  he  presented  to  the
emergency room.  Since the  time  of  onset,  he  reported  pain  with
prolonged walking or sitting.  He was seen in the clinic again on  Feb
00 but was reported to have “no complaint since  then  with  adjusting
workouts.”  The physical examination of the back and elbows on 22  Jun
00 was normal.  The back disclosed a normal range of  motion  and  was
nontender.  The elbows were not tender or swollen and  demonstrated  a
normal range of motion.  The applicant was determined to  be  fit  for
continued duty and cleared for his planned separation.

According to the Medical Consultant, at the time  of  the  applicant's
separation physical examination, he  did  not  have  any  physical  or
mental defects which would have warranted  consideration  in  the  Air
Force Disability Evaluation System (DES).  Action and  disposition  in
this case were proper and equitable  reflecting  compliance  with  Air
Force directives that implement the law.  In his opinion, no change in
the records is warranted.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
C.

AFPC/DPPD recommended denial indicating that a review of the case file
confirms he was never referred through the Air Force DES.  The purpose
of the DES is to maintain a fit  and  vital  force  by  separating  or
retiring members who are unable to perform the duties of their office,
grade, rank or rating.  Those members who are separated or retired  by
reason  of  a  physical  disability  may  be  eligible   for   certain
compensation.  The decision to process a member through  the  military
DES is determined by a Medical Evaluation Board (MEB) when he  or  she
is determined to be  medically  disqualified  for  continued  military
service.  The decision to conduct  an  MEB  is  made  by  the  medical
treatment facility providing health care to the member.

AFPC/DPPD indicated that a medical  assessment  completed  in  Jun  00
cleared  the  applicant's  mental  health  status  and  indicated   no
additional risk factors.   His  last  performance  report,  which  was
closed out four months prior to his discharge date, clearly showed  he
was reasonably capable of completing his physical  duties  as  an  Air
Freight Apprentice. The most current performance report  coupled  with
the fact he elected not to reenlist signified his military career  was
not cut short as a result of a  disqualifying  medical  condition.   A
service member’s ability to perform his  assigned  duties  is  a  main
concern when referring an individual through the DES.

AFPC/DPPD stated  that  it  appears  the  applicant's  request  for  a
disability  retirement  is  primarily  supported  from  a  40  percent
combined compensable disability rating  received  from  the  DVA.   In
their view, the applicant needs to understand the  difference  between
Titles 10 and 38 of the United States Code (USC).  The Air  Force  and
DVA disability systems operate under separate  laws.   Under  the  Air
Force system (Title 10, USC), Physical Evaluation Boards  (PEBs)  must
determine if an individual’s medical condition renders them unfit  for
duty.  Although a person may have been treated for a medical condition
while on active duty, it does not automatically mean the condition  is
unfitting for  continued  military  service.   To  be  unfitting,  the
medical condition must be such that it by itself precludes the  person
from fulfilling the purpose for which he or she is employed.  If a PEB
renders  an  unfit   finding,   Federal   law   provides   appropriate
compensation due to the  premature  termination  of  the  individual’s
career.  Air Force disability boards can only rate  unfitting  medical
conditions based upon the member’s medical status at the time  of  his
or her evaluation; in essence a snapshot of  their  condition  at  the
time of the MEB/PEB.  Veterans  who  incur  service-connected  medical
conditions while  on  active  duty  are  authorized  compensation  and
treatment from the DVA under the provisions of Title 38, USC.  The DVA
is chartered to provide continued medical care to the  service  member
once he or she departs active service.  Under Title 38, USC,  the  DVA
may increase or decrease an individual’s disability  rating  based  on
the seriousness of the medical condition throughout his  or  her  life
span.  This is why the Services and DVA disability  ratings  sometimes
differ.

According  to  AFPC/DPPD,  the  case  file  revealed  no   errors   or
irregularities during the applicant's voluntary discharge process that
would justify a change to his military records to show he was  awarded
a disability retirement under the  provisions  of  AFI  36-3212.   The
Medical Consultant’s advisory accurately and explicitly explained  the
medical aspects of this case and they agreed with his overall comments
and recommendation.

In AFPC/DPPD's view, the applicant has not submitted any  material  or
documentation to show  an  injustice  occurred  at  the  time  of  his
voluntary discharge that would justify his entitlement to a disability
retirement under current federal laws and policy.

A complete copy of the AFPC/DPPD evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  7
Mar 03 for review and response.  As of this date, no response has been
received by this office (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case.
However, we do not  find  it  sufficient  to  override  the  rationale
provided by the Air Force offices of  primary  responsibility  (OPRs).
Therefore, in the absence of evidence that, at time of his  separation
from active duty, the applicant was unfit to perform the duties of his
rank and office, within the meaning of the  law,  we  agree  with  the
recommendations of the OPRs and adopt their rationale as the basis for
our decision that the applicant has failed to sustain  his  burden  of
establishing that he has suffered either an  error  or  an  injustice.
Accordingly, we find no compelling basis  to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2002-01886 in Executive Session on 30 Apr 03, under the provisions  of
AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. Federick R. Beaman III, Member
      Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Medical Consultant, dated 18 Dec 02.
    Exhibit D.  Letter, AFPC/DPPD, dated 26 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 7 Mar 03.




                                   WAYNE R. GRACIE
                                   Panel Chair