RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00050
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect a disability rating of 60 percent,
rather than 20 percent; and, that  he  was  retired  by  reason  of  a
physical disability, rather than discharged with severance pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was incorrectly rated at 20 percent  under  Diagnostic  Code  8520.
His symptoms more closely approximate the criteria for  a  60  percent
rating.

In support of his appeal,  the  applicant  provided  a  DD  Form  293,
Application for the Review of Discharge or Dismissal  from  the  Armed
Forces of the United States, documentation from his  medical  records,
and a memorandum  from  the  Secretary  of  the  Air  Force  Personnel
Council.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant initially enlisted in the Regular Air Force on 19 Jul 95 for
a period of four years in the grade of airman.

In Sep 99, the applicant fell on and fractured his left knee.  He  was
appropriately treated but experienced persistent knee  pain,  and  had
temperature changes in the knee.  In addition to  his  knee  problems,
the applicant also experienced and was treated for depression.

On 10 Apr 02, an MEB convened and established a  diagnosis  of  reflex
sympathetic dystrophy, left lower extremity and left knee  pain.   The
MEB recommended that the applicant’s case be referred to  an  Informal
Physical Evaluation Board (IPEB).

On 22 Apr 02, an IPEB convened and established a diagnosis of  chronic
left knee pain secondary to reflex sympathetic dystrophy,  left  lower
extremity.  The IPEB recommended that the applicant be discharged with
severance pay.

On  29  Apr  02,  the  applicant  disagreed  with  the  findings   and
recommended disposition of the IPEB and demanded a formal  hearing  of
the case.

On 29 May 02, an FPEB convened and established a diagnosis of  chronic
left knee pain secondary to reflex sympathetic dystrophy,  left  lower
extremity.  The FPEB recommended that the applicant be discharged with
severance pay with a disability rating of 20 percent.   The  applicant
did not agree with the findings and  recommended  disposition  of  the
FPEB.

On 17 Jul 02, the Secretary of the Air Force Personnel  Council  under
its delegated authority directed that the applicant be discharged with
severance pay with a disability rating of 20 percent.

On 9  Sep  02,  the  applicant  was  honorably  discharged  under  the
provisions  of  AFI  36-3208  (Disability,  Severance  Pay).   He  was
credited with 7 years, 1 month, and 21 days of active service.

A Department of Veterans Affairs (DVA) Rating  Decision,  dated  8 Apr
03,  indicates  that  the  applicant  was  granted   service-connected
disability compensation for left leg  with  muscle  atrophy  and  with
associated intermittent tremors, headaches, numbness, and pain in hips
and  low   back   pain   (60 percent),   major   depressive   disorder
(50 percent),  and  tinnitus  (10  percent),  for  a  total   combined
disability compensation rating of 100 percent.

_________________________________________________________________

AIR FORCE EVALUATION:

The Medical Consultant indicated that based on  the  preponderance  of
the evidence, the applicant suffered from depression with a social and
industrial adaptability impairment based on an interpretation  of  the
occupational details provided by his commander that supports a finding
of  job  instability.   Under  Department  of  Defense  (DoD)  policy,
increased severity of symptoms due to transient  stressors  associated
with the PEB and prospect of separation or retirement  and  relocation
or reemployment will not be considered in determining  the  degree  of
impairment.   Further,  DoD  instructions  allow  for   deduction   in
disability ratings by  the  PEBs  for  noncompliance  with  prescribed
treatment if it has been clearly demonstrated that  the  servicemember
was advised clearly and understandably of the medically proper  course
of treatment, therapy,  medication,  or  restriction;  and,  that  the
servicemember’s failure or refusal was willful or  negligent  and  not
the result of mental disease or of physical inability to comply.   The
FPEB concluded that had the applicant complied with recommended mental
health care, his condition would have been considerably  better.   The
Medical Consultant agrees with that  assessment,  however,  he  opines
that the applicant’s depression would still have warranted a  separate
rating of 10 percent resulting in a  combined  rating  of  28 percent,
rounded up to 30 percent.  The Medical Consultant is  of  the  opinion
that the records  should  be  changed  to  show  permanent  disability
retirement at 30 percent for reflex sympathetic dystrophy syndrome (20
percent,  VASRD  Code  8720-8799)  and  mood  disorder  not  otherwise
specified (10 percent, VASRD Code 9435).

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  21
Nov 03 for review and response.  As of this date, no response has been
received by this office (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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error  or  injustice.   Having  carefully  reviewed  this
application,  we  agree  with  the  recommendation  of   the   Medical
Consultant and adopt his rationale as the basis for our decision  that
the applicant has been the victim of an error  or  an  injustice  with
regard to his disability rating.  We  took  note  of  the  applicant’s
request that his rating be increased from 20  percent  to  60 percent.
However, after a thorough review of the  facts  and  circumstances  of
this case, we agree with the Medical Consultant’s assessment that  the
applicant’s condition of depression would have  warranted  a  separate
rating of 10 percent.  This would have resulted in a  combined  rating
of 28 percent, rounded up to 30 percent.   Accordingly,  we  recommend
that the applicant’s records be  corrected  to  reflect  that  he  was
permanently retired by reason of physical disability with a disability
rating of 30 percent.  In our view, this is proper and fitting relief.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

      a.  On 8 Sep 02, he was found unfit to perform the duties of his
office, rank,  grade  or  rating  by  reason  of  physical  disability
incurred while entitled to receive basic pay; that  the  diagnoses  in
his case were reflex  sympathetic  dystrophy,  VASRD  Code  8720-8799,
rated at 20 percent; and, mood disorder not otherwise specified, VASRD
Code 9435, rated at 10 percent, for a combined compensable  rating  of
30 percent; that the degree of  impairment  was  permanent;  that  the
disability was not due to intentional misconduct or  willful  neglect;
that the disability was not incurred during a period  of  unauthorized
absence; and the disability was not received in  line  of  duty  as  a
direct result of armed conflict or caused  by  an  instrumentality  of
war.

      b.  He was not honorably discharged under the provisions of  AFI
36-3208 on 9 Sep 02 by reason of physical disability, with entitlement
to severance pay, but, on that date, he  was  permanently  retired  by
reason of physical disability  with  a  30 percent  disability  rating
under the provisions of Title 10, USC, 1201 and AFI 36-3212.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-00050 in Executive Session on 13 Jan 04, under the provisions  of
AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Olga M. Crerar, Member
      Mr. Christopher Carey, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 12 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, Medical Consultant, dated 5 Nov 03.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 03.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR BC-2003-00050




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to , be corrected to show that:

            a.  On 8 Sep 02, he was found unfit to perform the duties
of his office, rank, grade or rating by reason of physical disability
incurred while entitled to receive basic pay; that the diagnoses in
his case were reflex sympathetic dystrophy, VASRD Code 8720-8799,
rated at 20 percent; and, mood disorder not otherwise specified, VASRD
Code 9435, rated at 10 percent, for a combined compensable rating of
30 percent; that the degree of impairment was permanent; that the
disability was not due to intentional misconduct or willful neglect;
that the disability was not incurred during a period of unauthorized
absence; and the disability was not received in line of duty as a
direct result of armed conflict or caused by an instrumentality of
war.

            b.  He was not honorably discharged under the provisions
of AFI 36-3208 on 9 Sep 02 by reason of physical disability, with
entitlement to severance pay, but, on that date, he was permanently
retired by reason of physical disability with a 30 percent disability
rating under the provisions of Title 10, USC, 1201 and AFI 36-3212.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency