RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-00222
                                       INDEX CODE:  108.02
      XXXXXXXXXXXXXXX                   COUNSEL: JOE GONZALES

      XXXXXXXXXXXXXXX                   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His disability rating be increased from 30% to 100%.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should be given an increase in his 30% disability rating to 100%  because
he suffered a lacunar stroke while he was still serving on active duty.

In support of his application, he provides copies of medical records  and  a
copy of the  Physical  Evaluation  Board  (PEB)  results.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 21 July 1971, the applicant enlisted in the Regular Air Force at the  age
of 18 in the grade of airman basic (E-1) for a period of six years.  He  was
progressively promoted to the rank of staff  sergeant  (E-5)  effective  and
with a date of rank  of  1  November  1976.   The  applicant  was  honorably
discharged on 20 July 1977 for completion of his term  of  service.   On  21
July 1977, he enlisted in the Air  Force  Reserve  and  served  in  enlisted
status until 21 June 1982.   The  applicant  was  tendered  and  accepted  a
Reserve commission as  a  first  lieutenant  on  19 February  1987  and  was
voluntarily ordered to extended active duty  on  3  October  1988.   He  was
progressively promoted to the grade of major effective and with  a  date  of
rank of 1 September 1994.

On 15 April 1999, the applicant was involved in  a  motor  vehicle  accident
and sustained a whiplash injury resulting in chronic pain of  his  neck  and
upper back.  Associated with his persistent myofascial  pain  (pain  of  the
soft  tissues  of  the  neck  and  upper  back)  he  developed  symptoms  of
depression diagnosed as Major Depressive Disorder and it was indicated  that
he was unable to perform his duties for over  a  year.   The  applicant  was
referred for consideration by a medical evaluation board  (MEB)  on  8  June
2000 for major depression; moderate,  degenerative  disc  disease  C4-5-6-7;
and chronic myofascial pain syndrome.  The MEB recommended that an  Informal
Physical Evaluation Board (IPEB) consider his case.  The IPEB  was  convened
on 20 June 2000 and found the applicant was unfit due to  “major  depressive
disorder secondary to myofascial pain syndrome associated with  degenerative
disc disease C4 through C7,  definite  social  and  industrial  adaptability
impairment” and recommended his name be placed on the  Temporary  Disability
Retired List (TDRL) with a 30% disability rating.   On  22  June  2000,  the
applicant agreed with the findings and recommended disposition of the  IPEB.
 On 23 June  2000,  the  Secretary  of  the  Air  Force  directed  that  the
applicant’s name be placed on the TDRL.  Orders dated 5 July 2000  announced
the  applicant’s  relief  from  active  duty  on  2  October  2000  and  his
retirement because of physical disability,  effective  3  October  2000,  at
which time, he would be credited with 18 years, 3  months  and  16  days  of
active duty service and 24 years, 6 months and 15 days of service  for  pay.
At the time the applicant’s retirement orders were published,  a  disability
retirement date calculator was accomplished with a workout date  of  5  July
2000, calculating the applicant’s  retirement  date  based  on  20  days  of
permissive TDY, 20 days for processing, 39 days of unsaleable leave  and  10
additional days of leave accrued during this period.

On 14 July 2000, the applicant was hospitalized  at  a  Naval  Hospital  for
right arm and leg  weakness,  difficulty  holding  a  cup,  and  right  foot
dragging.  He was diagnosed with a small stroke (lacunar  infarct)  and  was
discharged on 15 July 2000 with a stable physical examination.

The Department of Veterans Affairs (DVA) granted the applicant  a  temporary
disability rating of 100%  pending  evaluation  effective  1  November  2000
because of the history of his stroke.  On 13 December 2000, the  applicant’s
DVA rating was reduced from 100% to a combined rating  of  50%  owing  to  a
change in his temporary rating  for  his  stroke  from  100%  to  10%.   The
13 December 2000 DVA rating decision reported the  applicant’s  neurological
exam showed normal motor and sensory exams, with intact strength and  normal
gait.

The  applicant  underwent  TDRL  reevaluation  in   January   2002.    After
considering  the  applicant’s   medical   records,   including   information
pertaining  to  the  applicant’s  treatment  for  the  lacunar  stroke,   on
27 February 2002, the IPEB recommended the applicant be permanently  retired
because of physical disability with a compensable rating of  30%  for  major
depressive disorder associated with myofascial pain.  On 20 March 2002,  the
applicant concurred with the findings of the IPEB.  On 27  March  2002,  the
Secretary of the Air Force directed that the  applicant’s  name  be  removed
from the TDRL and  that  he  be  permanently  retired  because  of  physical
disability.  On 16 April 2002 the applicant’s  name  was  removed  from  the
TDRL and he was retired in the grade of major with a compensable  percentage
of 30%.

_________________________________________________________________
AIR FORCE EVALUATION:

The BCMR Medical Consultant is of the opinion that no change in the  records
is warranted.   The  BCMR  Medical  Consultant  states  that  the  applicant
appears to have achieved total or  near  total  recovery  from  his  lacunar
stroke approximately one month after the event.  Had  he  not  been  already
found unfit due to his depression and myofascial pain,  it  is  very  likely
that his lacunar infarct would  not  have  been  found  unfitting  since  he
recovered almost completely.  Because of  his  excellent  recovery  and  his
years of service, an MEB purely for his stroke  would  have  resulted  in  a
return to duty decision.  It is the BCMR Medical Consultant’s  opinion  that
action and disposition in this case were  proper  and  equitable  reflecting
compliance with Air Force directives that implement  the  law.   Details  of
the BCMR Medical Consultant’s evaluation are at Exhibit C.

AFPC/DPPD   recommends   denial.    DPPD   states,   after   reviewing   the
preponderance  of  evidence  provided,  they  find  no  error  or  injustice
occurred during the applicant’s process through  the  disability  evaluation
system (DES).  It is DPPD’s opinion that the applicant  was  treated  fairly
throughout the military DES process and that he  was  properly  rated  under
federal disability guidelines at the time of his evaluation as  required  by
federal  law  and  policy.   DPPD  states  they  find  no  reasons  why  the
applicant’s  record  should  be  corrected  to  show  an  increase  in   his
disability rating in accordance with military disability  laws  and  policy.
DPPD concurs with  the  BCMR  Medical  consultant’s  assessment.   The  DPPD
evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 July 2003, copies of the Air Force evaluations were forwarded  to  the
applicant 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate  the
existence of error or injustice.   After  careful  consideration  of  the
applicant's request and the available evidence  of  record,  we  are  not
persuaded that  the  compensable  rating  for  his  permanent  retirement
because of physical disability in 2002 was improper or  contrary  to  the
provisions of the governing regulations, which implement the law,  or  to
accepted medical principles.  The applicant believes he is entitled to an
increase in his compensable rating because he suffered a stroke after  he
had entered permissive TDY/leave status in anticipation  of  his  October
2000 temporary retirement  date.   The  evidence  indicates  he  received
treatment and compensation for this condition by the VA and that  he  had
almost completely recovered by December 2000.  At the time  of  his  TDRL
reevaluation in 2002, the medical boards were well aware of the foregoing
facts  in  reaching  their  determinations   concerning   the   permanent
disposition  in  this  case  and  the  applicant  concurred  with   their
recommendations.  In view of the above  and  absent  persuasive  evidence
that the applicant was  denied  rights  to  which  entitled,  appropriate
regulations were not followed, or appropriate standards were not applied,
we agree with the  opinions  and  recommendations  of  the  BCMR  Medical
Consultant  and  the  appropriate  Air  Force  office  and  adopt   their
conclusions as our findings in the case.  Therefore, applicant's  request
is not favorably considered.

_________________________________________________________________

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 this application in  Executive
Session on 1 October 2003, under the provisions of AFI 36-2603:

      Mr. Frederick R. Beaman III, Panel Chair
      Mr. Michael K. Gallogly, Member
      Mr. Michael J. Maglio, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-00222:

      Exhibit A.  DD Form 149, dated 12 Jan 03, with attachment.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dtd 23 Jun 03.
      Exhibit D.  Letter, AFPC/DPPD, dated 17 Jul 03.
      Exhibit E.  Letter, SAF/MRBR, dated 25 Jul 03.




                                                   FREDERICK R. BEAMAN III
                                                   Panel Chair