RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02148
INDEX NUMBER: 145.00
COUNSEL: DISABLED AMER VETS
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The findings of his physical evaluation board (PEB) be set aside, he be
reinstated and placed on the disabled retired list.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The PEB did not consider the seriousness of his medical condition and also
did not consider his length of service. He believes that his medical
history is proof that the board did not fully appreciate the seriousness of
his illness. He is rated 100% disabled by the Department of Veteran
Affairs, has spent many years as an outpatient in the VA medical system and
has been hospitalized three or four times for this psychosis. He also
believes that due to his service connected disability, he was unable to
continue his position as a teacher.
In support of his request, the applicant submits two personal statements, a
copy of DD Form 214, Report of Separation from the Armed Forces of the
United States, a copy of his Department of Veterans Affairs Disability
Rating, a copy of DD Form 877, Request for Medical/Dental Records, and
excerpts from his medical records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Navy on active duty 25 February 1948 and served
until his 24 February 1953 discharge. In May 1953, he applied for
Department of Veterans Affairs disability compensation, providing a medical
statement from a physician, stating that he experienced a one-year history
of nervousness, irritability and black outs, and on examination appeared to
be suffering from a psychosis. His VA claim was denied because he did not
pursue completion of the claims process. He entered active duty in the Air
Force on 17 July 1953. He was disability discharged and placed on the
Temporary Disability Retired List (TDRL) on 8 July 1959 after 10 years, 11
months and 22 days of active duty service in the Navy and the Air Force.
On 30 November 1960, he was removed from the TDRL and discharged with
severance pay. His DVA medical records show that he began experiencing
recurrent symptoms of paranoid feelings in April 1974, but was able to
continue to work until 1979, after which he remained unemployed due to his
schizophrenia.
_________________________________________________________________
AIR FORCE EVALUATIONS:
The BCMR Medical Consultant recommends denial. The reason the applicant
could be found unfit for duty by the Air Force at a certain disability
level and later be granted a higher service-connected disability by the DVA
lies in understanding the differences between Title 10, U.S.C., and Title
38, U.S.C. Title 10 U.S.C., Chapter 61 is the federal stature that charges
the Service Secretaries with maintaining a fit and vital force. Once an
individual has been declared unfit, the Service Secretaries are required by
law to rate the condition based upon the degree of disability at the time
of permanent disposition and not on future events. No change in disability
ratings can occur after permanent disposition, even though the condition
may become better or worse. However, Title 38, USC authorizes the DVA to
increase or decrease compensation ratings based upon the individual’s
condition at the time of future evaluations.
There is no evidence to support a higher rating at the time of permanent
disposition. His case was properly evaluated, appropriately rated and
received full consideration under the provisions of AFM 35-4. Action and
disposition in this case are proper and reflect compliance with Air Force
directives, which implement the law.
The BCMR Medical Consultant’s evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
A copy of the Air Force evaluation was forwarded to the applicant on 19 Dec
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 his disability discharge and the final
disposition of his case were in error or contrary to the governing Air
Force regulations, which implement the law. Therefore, we agree with the
opinion and recommendation of the Air Force office 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 this application in Executive
Session on 2 March 2004, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Martha A. Maust, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2003-02148:
Exhibit A. DD Form 149, dated 14 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 8 Dec 03.
Exhibit D. Letter, SAF/MRBR , dated 19 Dec 03.
ROSCOE HINTON, JR.
Panel Chair
AF | BCMR | CY2003 | BC-2003-01632
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01632 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for discharge be changed to reflect that he was discharged due to a medical condition, rather than unsatisfactory performance. The Medical Consultant's evaluation is at Exhibit C. AFPC/DPPRSP recommends denial....
AF | BCMR | CY2003 | BC-2002-02630
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. 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...
AF | BCMR | CY2003 | BC-2003-00712
She contends she was administratively discharged because she entered active duty with a preexisting low IQ and mental disorder. DPPD’s complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states she joined the military in order to make a career of it. Exhibit C. Letter, BCMR Medical Consultant, dated 31 Jul 03.
AF | BCMR | CY2003 | BC-2002-03318
The IPEB recommended that he be discharged from the Air Force with an EPTS condition. The applicant was discharged from the Air Force on 10 Oct 02, with a compensable disability rating of 10 percent. This code assigns disability rating based on percent of body surface and use of medications.
AF | BCMR | CY2004 | BC-2003-01473
The DVA denied the applicant service connected disability compensation for schizophrenia noting no evidence in his military record while he was on active duty or during the presumptive period (12 months) following discharge. The medical consultant’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he was 17 when he joined the Air Force and that he had been an athlete most...
AF | BCMR | CY2003 | BC-2002-01026
Whereas the Air Force rates a member's disability based on the degree of severity at the time of separation. The BCMR Medical Consultant evaluation is at Exhibit C. AFPC/DPPD recommends the application be denied. Whereas the Air Force rates a member's disability based on the degree of severity at the time of separation.
AF | BCMR | CY2003 | BC-2003-00222
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. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant is of the opinion that no change in...
AF | BCMR | CY2004 | BC-2003-02744
The Medical Consultant states the applicant was disability discharged with severance pay at 10% due to inflammatory bowel disease (Crohn's Disease) after 21 months on the TDRL. While on active duty and associated with treatment for Crohn's Disease, the applicant was hospitalized in October 1996 and July 1997 for pancreatitis, inflammation of the pancreas. After a thorough review of the evidence of record and the applicant's contentions, we are not persuaded that the applicant’s...
AF | BCMR | CY2003 | BC-2003-00224
No other medical records are available for review between the time of his separation exam and his 7 Nov 02 hospitalization. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant indicates the applicant was diagnosed with his cancer one week after discharge. Although complete service medical records are not available for review, the Consultant believes the applicant would have been placed on medical hold and retained on active...
AF | BCMR | CY2003 | BC-2002-01056
The AFBCMR Medical Consultant stated that, at the time of separation from active duty with the Regular Air Force, the applicant’s left knee condition was not “unfitting” for continued active military service. The applicant’s complete submission, with attachments, is at Exhibit F. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The additional advisory opinion is provided following review of the previous AFBCMR action granting the applicant...