RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02368
INDEX CODE: 108.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His name be placed on the Temporary Disability Retired List (TDRL),
rather than being discharged with severance pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received a disability discharge with a 10 percent disability rating
and separated with Disability Severance pay. However, several
disabling conditions were deleted, without explanation and if they had
been properly considered by the Physical Evaluation Board (PEB) as
required by law and regulation, he contends these additional unfitting
conditions would have increased his total rating to be at least 30
percent and he would have been placed on the TDRL.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman on 16
March 2000 for a period of four (4) years. The applicant prior to
enlisting in the Air Force served two years in the Air National Guard
(ANG).
During the time the applicant was on active duty, he experienced a
variety of medical problems including foot pain related to his flat
feet, headaches, neurocardiogenic syncope (vaso-vagal syncope), and
depression.
The applicant met the Medical Evaluation Board (MEB) on 23 April 2002
for Neurocardiogenic syncope originating in approximately September
2000, Pes Planovalgus which existed prior to service (EPTS),
Depressive disorder Not Otherwise Specified, with an approximate date
of origin of August 2001, and mixed headaches syndrome, responding,
originating in 2000. His case was referred
to the PEB and the Informal Physical Evaluation Board (IPEB)
considered his case on 6 May 2002. The IPEB found him unfit for
continued service and recommended discharge with severance pay for
Neurocardiogenic syncope associated with depressive disorder with a 10
percent disability rating. He was not rated for Pes Planovalgus EPTS
or headaches which were controlled. The applicant concurred with the
findings of the IPEB and waived his rights to a Formal Physical
Evaluation Board (FPEB).
On 23 July 2002, the applicant was honorably discharged with
entitlement to disability severance pay with a disability rating of 10
percent. He received $8,811.00 in severance pay. He served 2 years,
4 months and 8 days of total active military service.
_________________________________________________________________
AIR STAFF EVALUATION:
The Chief, Medical Consultant, AFBCMR, states the applicant
experienced a variety of intertwined problems while on active duty
that interfered with his continuing on active duty. A preponderance
of evidence supports the conclusion that the applicant had a history
of foot problems and depression and probably neurocardiogenic syncope
prior to service. In reaching their findings, the PEB decided to
consider the applicant’s intertwined unfitting conditions together in
arriving at a disability rating. The BCMR Medical Consultant concurs
with the findings of the IPEB that the applicant’s conditions did not
warrant a disability retirement or placement on the TDRL and the
discharge with severance pay was appropriate. Therefore, based on the
evidence presented, the BCMR Medical Consultant recommends denying the
applicant’s request.
A complete copy of the Air Force evaluation is attached at Exhibit C.
HQ AFPC/DPPD states the purpose of the disability evaluation system
(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. The members who are separated or retired for reason
of a physical disability may be eligible for certain disability
compensation. The Medical Evaluation Board (MEB) determines if the
servicemember should be processed through the DES to determine if the
service member’s medical condition renders them fit or unfit for
continued military service. The medical treatment facility that
provides health care to the sevicemember makes the decision whether or
not to conduct an MEB.
DPPD further states the applicant was treated fairly throughout his
disability evaluation processing and was rated properly under the
federal disability guidelines, and he was afforded the opportunity for
further review under federal laws and policy. DPPD concurs with the
Medical Consultant’s disposition of the applicant’s case and based on
the evidence submitted recommend denying the requested relief (Exhibit
D).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
On 20 December 2002, copies of the Air Force evaluations were
forwarded to the applicant for review and response within 30 days. As
of this date, no response has been received by this office.
_________________________________________________________________
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 an error or injustice. After thoroughly reviewing
the applicant’s complete submission, we are not persuaded that his
disability rating should be increased to the extent that would qualify
him for placement on the Temporary Disability Retired List (TDRL).
Although it is apparent that while on active duty the applicant
experienced problems relating to a variety of medical conditions, many
of which existed prior to his entry on active duty, it appears that
his case was properly processed and adjudicated by the Air Force
Disability Evaluation System which ultimately determined that his
various conditions warranted a 10 percent disability rating for
neurocardiogenic syncope associated with depressive disorder. The
applicant’s contention that his numerous medical conditions were not
properly rated is duly noted. However, as indicated by the AFBCMR
Medical Consultant, it appears that his various conditions were
intertwined and as such, the IPEB rated them together in order to
determine his disability rating. While it is true that the IPEB found
that the applicant has pes planovalgus, they determined that this
condition existed prior to service. Additionally, they found his
headaches were under control; therefore, although these two conditions
could have been unfitting, the IPEB found neither condition was
compensable or ratable. Furthermore, we note that the applicant was
given the opportunity to refute the findings of the IPEB and demand a
Formal Hearing; however, he concurred with the findings of the IPEB.
Therefore, we do not find these uncorroborated assertions, in and by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force. The Board is not persuaded that the applicant has
established that the he has been the victim of an error or an
injustice. Therefore, we agree with the recommendation of the Air
Force and adopt the rational expressed as the basis for our conclusion
that the applicant failed to sustain his burden of establishing the
existence of either an error or an injustice warranting favorable
action o these requests.
_________________________________________________________________
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 02-
02368 in Executive Session on 11 February 2003, under the provisions
of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Brenda L. Romine, Member
Mr. Billy C. Baxter, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Ju1 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR, Medical Consultant, dated
11 Oct 02.
Exhibit D. Letter, HQ AFPC/DPPD, dated 5 Dec 02.
Exhibit E. Letter, SAF/MRBR, dated 20 Dec 02.
DAVID C. VAN GASBECK
Panel Chair
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