Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-00308
Original file (BC-2003-00308.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00308
            INDEX CODE:  108.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

It appears that the applicant is requesting that her  records  be  corrected
to reflect that she was diagnosed with scoliosis while on active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her condition was undetected during her military  service  even  though  her
Department of Veterans'  Affairs  (DVA)  rating  decision  states  that  her
condition is a congenital and developmental abnormality suggesting that  her
condition was not diagnosed by military  examiners.   Her  military  records
show no evidence of her condition although an x-ray report dated 14  Feb  85
indicates significant scoliosis of the dorsal spine,  just  3  months  after
her discharge.

In support of her request, applicant provided  a  copy  of  her  DVA  rating
decision and documents extracted from her  medical  records.   Her  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  enlisted  in  the  Regular  Air  Force  on  26  Oct  81  and  was
progressively promoted to the grade of airman first  class,  having  assumed
that grade effective and with a date of rank of 30 Sep 82.  On  29  Oct  84,
applicant was notified by her commander that he was  recommending  that  she
be discharged from the Air Force in accordance with AFR 39-10 for  exceeding
Air Force weight standards.  On 13 Nov 84, she was honorably  discharged  in
the grade of airman.  She served 3 years and 18 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states that severe scoliosis is disqualifying for enlistment  and  typically
obvious during the general examination for entrance.  The applicant  had  no
complaints of back pain at those times and there was  no  indication  for  a
more detailed examination.  Review of her service medical record reveals  no
entries for back problems and at the time of  her  separation  physical  she
denied any history of back pain.  Her scoliosis is developmental in  nature,
existed prior to entry into the military, and was not aggravated beyond  the
natural progression by military service.  The Medical Consultant  evaluation
is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that she does not recall an examination of her back  during
her entrance physical.  In addition, she was advised by  her  recruiter  not
to mention any medical conditions during the exam  as  it  could  cause  her
denial of enlistment.  During basic military training  she  did  not  report
her back pain for fear of being set back in training.  After seeing  one  of
her squad mates belittled for complaining  of  back  pain,  she  decided  to
endure the pain instead of subjecting herself to that  type  of  punishment.
At the time of her separation processing she had  been  humiliated  so  much
for being overweight that her mental state was as low as it  could  get  and
all she wanted to do was get the discharge over with.

She was discharged on 13 Nov 84.  Less than 3 months later,  on  14 Feb  85,
she was diagnosed with "significant" scoliosis with concavity to the  right.
 Applicant asks  how  could  this  be  possible  only  after  three  months.
Applicant also questions how the Medical Consultant can state on  the  first
page of his advisory that scoliosis begins in adolescence  and  may  not  be
detected until  adulthood  and  on  the  second  page  he  states  that  her
scoliosis existed prior to service.   Applicant  again  asks  how  can  this
statement be made when on page one it states that her medical records  finds
no reference  to  scoliosis.   Both  examiners  on  her  entrance  and  exit
physicals missed the diagnosis and she is suffering from their mistakes.

Her complete submission is at Exhibit D.

_________________________________________________________________

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  that  would  warrant  correction  of  her
medical records.  We took notice of the applicant's complete  submission  in
judging the merits of the case; however, the Board majority agrees with  the
opinion and recommendation of the BCMR Medical  Consultant  and  adopts  his
rationale as the basis for their conclusion that the applicant has not  been
the victim of an error or injustice.  The  Board  majority  notes  that  the
applicant denied having back problems during  her  entrance  and  separation
physical examinations and notes further that there were not any  indications
of back problems during her tour on active duty,  which  it  appears,  would
have required  more  detailed  examinations.   The  Board  majority  is  not
persuaded by her uncorroborated assertions that her  condition  should  have
been diagnosed while she was serving on active duty nor  has  evidence  been
presented  which  would  lead  them  to  believe  that  her  condition   was
aggravated during her term on active duty.  Therefore,  in  the  absence  of
evidence to the contrary, the Board majority finds no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
00308 in Executive Session on 15 Jul 03, under the  provisions  of  AFI  36-
2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Albert J. Starnes, Member
      Mr. Kenneth Dumm, Member

By a majority vote, the Board voted  to  deny  the  request.   Mr.  Peterson
voted to correct the record and did not desire to submit a minority  report.
 The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 9 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.
    Exhibit E.  Letter, Applicant, dated 27 May 03.




                                             RICHARD A. PETERSON
                                             Panel Chair




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
               FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the applicant
had not provided sufficient evidence of error or injustice and recommended
the case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards
Agency


Similar Decisions

  • AF | BCMR | CY2006 | BC-2003-00308-2

    Original file (BC-2003-00308-2.DOC) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: On 6 Aug 03, the Board considered, and by a majority vote, denied a similar appeal submitted by the applicant. In the absence of official documentation showing she was diagnosed with scoliosis while serving on active duty we find no error in this case and are not persuaded by her contentions that she has been the victim of an injustice. Exhibit G. Letter, Applicant, dated 14 Aug 03, w/atchs.

  • AF | BCMR | CY2004 | BC-2003-01236

    Original file (BC-2003-01236.doc) Auto-classification: Denied

    On 26 July 2001, the SAFPC determined the applicant was physically unfit for continued military service due to a physical disability which existed prior to service and directed she be separated without disability benefits. The disability processing records indicate the applicant was treated fairly throughout her DES process and was properly rated under disability laws and policy at the time of her medical discharge. The applicant’s case was processed through the medical...

  • AF | BCMR | CY2004 | BC-2004-01009

    Original file (BC-2004-01009.doc) Auto-classification: Denied

    The reason for the action was the applicant’s Chronological Record of Medical Care, dated 17 Nov 03, which indicated a diagnosis of back pain and Scoliosis. The applicant had a history of back pain existing prior to service he did not reveal at the time of his enlistment medical examination. The applicant accurately notes the Air Force knew about his scoliosis at the time of his enlistment examination; however, the Air Force did not know about the history of back pain he later revealed.

  • AF | BCMR | CY2005 | BC-2004-02179

    Original file (BC-2004-02179.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02179 INDEX CODE: 108.01, 110.02, 131.00 COUNSEL: None HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 17 JAN 06 _________________________________________________________________ APPLICANT REQUESTS THAT: She be promoted to the grade of staff sergeant (SSgt) with all back pay and allowances, and her 1989 discharge for pregnancy be changed to a medical discharge for multiple...

  • AF | BCMR | CY2005 | BC-2005-01112

    Original file (BC-2005-01112.doc) Auto-classification: Denied

    He also notes that his medical condition was aggravated by his service with the Air Force and that his condition had been known prior to his enlistment and determined by military medical authorities not to be severe enough to prevent his entry into the Air Force. He believes this is so because every person when they enlist signs a contract indicating they will be in the same or better condition than prior to service with the military. Applicant states that during his time at Basic Military...

  • ARMY | BCMR | CY2014 | 20140020001

    Original file (20140020001.txt) Auto-classification: Denied

    She stated that "she had come into the service with the condition." Thus, if evidence establishes that the Soldier adequately performed the normal duties of his or her office, grade, rank or rating until the time of referral for physical evaluation, the Soldier might be considered fit for duty, even though medical evidence indicates the Soldier's physical ability to perform such duties may be questionable. In regards to her knee pain, the evidence of record shows that the applicant...

  • AF | BCMR | CY2004 | BC-2004-00308

    Original file (BC-2004-00308.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00308 INDEX CODE: COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for his separation and his reenlistment eligibility (RE) code of 2C be changed. It appears that the applicant informed his recruiter that he had a knee problem and was told that before he enlisted he should have it...

  • AF | BCMR | CY2003 | BC-2002-02835

    Original file (BC-2002-02835.doc) Auto-classification: Denied

    When a medical condition results in physical profile limitations for one year, a medical board is required to determine whether the Air Force member is fit for duty. However, her enlistment contract specifically stated that she would not be eligible for cross training into another specialty until she completed 59 months on active duty. The complete evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies...

  • AF | BCMR | CY2005 | BC-2004-01358

    Original file (BC-2004-01358.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01358 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her uncharacterized separation be changed to an honorable separation. The podiatrist told her that she had a pulled tendon in the arch of her left foot and that the alignment was off in both her legs and feet. ...

  • AF | BCMR | CY2008 | BC-2007-02827

    Original file (BC-2007-02827.doc) Auto-classification: Denied

    The fact that a person may have a medical condition does not mean that the condition is unfitting for continued military service. In the medical Consultant’s view, the preponderance of evidence of the record shows that the applicant’s scoliosis condition existed prior to service, and that her back pain was the natural progression of the condition. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations...