RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03090
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect a service-connected disability.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes that his records should be coded to indicate that he has a
Gulf War disability.
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 attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 21 Jan 76 in the
grade of airman basic for a period of six years. He was released from
active duty on 6 Jun 80 and transferred to the Air Force Reserve. He
was honorably discharged from the Air Force Reserve on 20 Jan 82. He
reenlisted in the Regular Air Force on 17 Dec 82 in the grade of
sergeant.
On 30 Jun 00, the applicant was relieved from active duty and retired
for length of service, effective 1 Jul 00, in the grade of master
sergeant. He was credited with 21 years, 6 months, and 14 days of
active duty.
Applicant’s Enlisted Performance Report (EPR) profile since 1990
follows:
PERIOD ENDING EVALUATION
9 Oct 90 5
9 Oct 91 5
2 Aug 92 5
19 Oct 93 5
19 Oct 94 5
19 Oct 95 5
2 May 96 5
2 May 97 5
29 Apr 98 5
29 Apr 99 5
A Department of Veterans Affairs (DVA) Rating Decision, dated 21 Aug
01, indicates that the applicant was granted service-connected
disability compensation for generalized anxiety disorder (30 percent),
temporomandibular joint dysfunction (10 percent), acne rosacea (10
percent), conjunctivitis (10 percent), gastroesophageal reflux disease
(10 percent), and a neck condition (10 percent), effective 1 Ju1 00,
for a total combined disability compensation rating of 60 percent.
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 indicating that a review of
the service medical records found evidence of a variety of medical
problems, none of which interfered with the applicant’s duty
performance. The applicant has acne rosacea, and entries in the
record documented abnormal facial erythema and telangectasia
consistent with the onset of this disorder. Acne rosacea is a
disorder of the skin with onset in many affected individuals by age
30, characterized by redness and dilation of blood vessels
(telangectasia, redness and flushing) typically affecting the face
(especially the nose, cheek, forehead and eyelids). Ingestion of
alcohol often precipitates a flare of the disease and worsens the
flushing. Some patients develop severe sebaceous gland (oil glands in
the skin) growth accompanied by inflammation producing papules,
pustules (acne like), cysts and nodules. In addition to the skin
manifestations, the applicant also experiences the recurrent
conjunctivitis associated with acne rosacea. The onset of his skin
disorder predated his deployment to the Gulf region and did not
interfere with the performance of duty.
The Medical Consultant noted that on a health assessment
questionnaire, dated 18 Oct 99, the applicant reported problems with
anxiety and family problems. On a health assessment questionnaire,
dated 7 Oct 99, the applicant denied problems with anxiety or family
problems. There were no other medical record entries where the
applicant mentioned problems with anxiety or sought care for this
symptom. In his final year of service, he was evaluated for a benign
enlargement of breast tissue called gynecomastia, high cholesterol,
acne rosacea of several years duration, recurrent conjunctivitis
related to his acne rosacea also of several years duration. The
applicant received care in the dental clinic for periodontal disease.
No mention of temporomandibular joint or jaw pain is mentioned. A
single visit for symptoms of gastroesophageal reflux is found in Oct
99. The applicant was treated for a stiff neck in Apr 98 with a course
of physical therapy. No further neck complaints are noted in the
record. The retirement medical examination, dated 18 May 00,
documented his history of gynecomastia, hemorrhoids, right arm pain
when overextended (for several years), acne rosacea and associated
conjunctivitis, periodontal problems, a remote history of Bells Palsy,
hyperlipidemia, chronic bronchitis related to smoking (“emphysema,”
however pulmonary function tests were normal), and gastroesophageal
reflux disease (GERD). There was no mention of anxiety,
temporomandibular joint problems, or neck problems. No unfitting
medical condition was identified at the time of his retirement
physical examination that would have precluded continued service on
active duty.
The Medical Consultant indicated that while his review of the service
medical records found numerous medical conditions, none of which were
unfitting for continued service or warranted evaluation in the Air
Force Disability Evaluation System (DES). He noted that following his
separation from the Air Force, the applicant was diagnosed with
generalized anxiety disorder in association with numerous stressors
including adjusting to civilian life, family problems, acne rosacea,
and increased alcohol intake (which also aggravates acne rosacea).
There was a single report in the service medical records indicating he
experienced anxiety, but no evidence that this symptom was of a
severity to interfere with duty as further evidenced by the fact that
he did not report this symptom on his retirement medical examination.
The applicant has acne rosacea, the onset of which predated his
deployment to the Gulf region and is aggravated by alcohol use. There
was no evidence that his health problems were related to duty in the
Gulf region. The DVA has evaluated the applicant and provided
disability compensation for his service-connected conditions that are
documented in the service medical records.
According to the Medical Consultant, the action and disposition in
this case were proper and equitable reflecting compliance with Air
Force directives which implement the law. In his view, 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
applicant’s records revealed that he was never referred through the
Air Force DES under the provisions of AFI 36-3212. 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
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.
According to AFPC/DPPD, the applicant’s request to change the
separation code (Item 26) on his DD Form 214 is inappropriate. The DD
Form 214 is only utilized to document military personnel data for the
period of service indicated on the form (Item 12). It is not utilized
to document medical information, which is the purpose of the service
medical records. The separation code “RBD” on the veteran’s DD Form
214 indicates a voluntary retirement for sufficient years of service
and is correct as stated.
AFPC/DPPD stated that although the applicant’s records indicated he
was treated for various medical conditions throughout his military
career, none of these conditions show he was incapable of performing
the duties of his office, grade, rank, or rating while on active duty.
The individual’s medical retirement examination, coupled with his
most recent performance reports, clearly indicated he was reasonably
capable of performing the duties required of his Civil Engineering
career field right up until the time of his approved military
retirement. His medical records clearly reflected that his career was
not curtailed or shortened due to any serious or unfitting medical
conditions that may have been received as a result of his tour to the
Gulf War. An individual’s ability to perform his or her military
duties is one of the primary criteria in determining an individual’s
fitness for continued duty during the DES process.
Due to the applicant’s reference to his DVA records, AFPC/DPPD assumed
that he desires to have his current retirement for years of service
changed to a disability retirement under military disability laws and
policy. In their view, it is essential that the applicant understand
the difference between the Air Force and DVA disability systems.
Under the Air Force system, Physical Evaluation Boards (PEBs) must
determine if an individual’s medical condition renders them unfit for
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. If the PEB renders a finding of unfit, federal
law provides appropriate compensation due to the premature termination
of the member’s career. USAF disability boards can only rate
unfitting medical conditions based upon the individual’s medical
status at the time of his or her MEB/PEB, in essence a snapshot of
their condition at that time. The DVA, however, is chartered to
provide continual medical care to veterans once they depart active
duty. The DVA may increase or decrease a member’s service-connected
disability rating based on the seriousness of the medical condition
throughout his or her life span.
In AFPC/DPPD’s view, there is no reason to change the applicant’s
DD Form 214 to reflect a different separation code, or that his
records be amended to reflect he was awarded a disability retirement.
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 21
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 did 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 retirement
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-
2002-03090 in Executive Session on 30 Apr 03, under the provisions of
AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Frederick R. Beaman III, Member
Ms. Brenda L. Romine, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Sep 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Medical Consultant, dated 11 Feb 03.
Exhibit D. Letter, AFPC/DPPD, dated 17 Mar 03.
Exhibit E. Letter, SAF/MRBR, dated 21 Mar 03.
WAYNE R. GRACIE
Panel Chair
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