RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-02630
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: Not Indicated
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her discharge from the Air Force be changed to reflect that she was
medically retired.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Subsequent to her discharge she was assigned a disability rating of 30
percent by the Department of Veterans' Affairs (DVA).
In support of her request, applicant provided documentation associated with
her DVA rating decision; and a copy of her DD Form 214, Certificate of
Discharge or Release from Active Duty. Her complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted her initial enlistment in the Regular Air Force on 3
Jan 89. She was progressively promoted to the grade of senior airman,
having assumed that grade effective and with a date of rank of 3 Jan 92.
She was discharged on 1 Feb 98 at the completion of her required term of
service. She served 9 years and 29 days on active duty.
On 15 Jul 99, the DVA assigned the applicant an evaluation of sciatica at
10 percent disabling and a evaluation of a right rotator cuff injury as 20
percent disabling for a combined disability rating of 30 percent.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states that the applicant had intermittent low back pain associated with
pain radiation into her leg. Her episodes were brief and occurred roughly
annually. Three months prior to her planned separation, she fell on ice
and sustained a strain of the ligaments of her right shoulder (rotator
cuff). Her condition resolved with physical therapy and the records
document she was pain free with a normal range of motion. Her shoulder
injury was not unfitting for continued service. Following discharge she
was properly rated and compensated by the DVA. For an individual to be
considered unfit for military service, there must be a medical condition so
severe that it prevents performance of any work commensurate with rank and
experience. In this case, her conditions did not render her unfit for
continued service. Because a person can acquire physical conditions that,
although not unfitting at the time of separation, may later progress in
severity and alter the individual's lifestyle, the DVA compensation system
was written to allow awarding compensation ratings for conditions that were
not unfitting for military service. This is the reason why an individual
with a medical condition that does not render the individual unfit for
service at the time of separation can soon thereafter receive a
compensation rating from the DVA for the service connected, but not
militarily unfitting condition. Evidence of record establishes beyond all
reasonable doubt that she was fit at the time of her separation for
continued service and that no error or injustice occurred in this case.
The Medical Consultant evaluation is at Exhibit C.
AFPC/DPPD recommends denial. DPPD noted numerous administrative
discrepancies within the applicant's separation documents and states that
her request for disability is primarily supported by her DVA evaluation.
She apparently believes that since her DVA rating now equates to 30 percent
she is now eligible for an Air Force disability retirement. In order to
qualify for an Air Force disability retirement, she would have had to been
referred to a Medical Evaluation Board (MEB) with a serious life
threatening medical condition with an overall disability rating of at least
30 percent prior to her release form active duty. Her records show she was
reasonably capable of performing her military duties right up until the
time of her involuntary release from active duty. The fact that a person
may have a medical condition 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. DPPD found no
reason why her records should be amended to reflect she was awarded a
disability retirement under military disability laws and policy. The DPPD
evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 7
Feb 03 for review and comment within 30 days. As of this date, this office
has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. Evidence has not been presented which
would lead us to believe that the applicant's disability processing and the
final disposition of her case were in error or contrary to the governing
Air Force regulations, which implement the law. We agree with the opinions
and recommendations of the Air Force offices of primary responsibility and
adopt their rationale as the basis for our conclusion that the applicant
has not been the victim of an error or injustice. In the absence of
evidence to the contrary, 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 Docket Number BC-2002-00999
in Executive Session on 6 May 03, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Vaughn Schlunz, Member
Ms. Mary J. Johnson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Aug 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 12 Dec 02.
Exhibit D. Letter, AFPC/DPPD, Dated 28 Jan 03.
Exhibit E. Letter, SAF/MRBR, dated 7 Feb 03.
ROSCOE HINTON, JR.
Panel Chair
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