Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-02742
Original file (BC-2003-02742.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-02742
            INDEX CODE 108.01  108.10
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a medical discharge/retirement for service-connected  pain
in his back, shoulder, and neck, and numbness in his right hand.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He worked in the tire shop and flight line  as  a  crew  chief,  which
required lifting, pulling, and pushing heavy aircraft tires as well as
performing repetitive motions. He went to the clinic  at  George  AFB,
CA, to seek treatment for his medical problems,  but  medical  entries
documenting these conditions were not made.  He  was  diagnosed  as  a
paranoid schizophrenic, which led to his discharge. No one  helped  or
counseled him. He believes the Air Force just wanted to get rid of him
as quickly as possible.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 Oct  69.  He  was
first  assigned  to  George  AFB,  CA,  as  an  aircraft   maintenance
specialist. In  this  capacity,  he  performed  pre-  and  post-flight
inspections, and maintained and inspected aircraft wheels,  tires  and
bearings. Around Sep 72, he was assigned to Udorn RTAFB, Thailand,  as
a section technical order and publications monitor. In this  capacity,
he was responsible for the section’s technical order distribution  and
publications  file,  maintaining  aircraft  records  and  housekeeping
within the assigned area.  The  overall  ratings  on  his  performance
reports reflected the highest, or second highest, ratings.

The following information was extracted from the applicant’s available
military and Department of Veterans Affairs (DVA) medical records.

A 15 Sep 70 medical entry indicated the applicant  sprained  his  neck
some time in 1968, before enlistment, and was experiencing some muscle
spasm. Heat and physical therapy were recommended.

An 11 Jan 71 entry noted a history of cervical neck  strain  and  that
the scar on his right palm was the result of  a  burn  incurred  as  a
child.

A pinhole perforation of the right eardrum was noted on 5 Feb 73.

Hearing deterioration over the past few years was noted in a 23 Mar 73
consultation sheet. The applicant was referred to the  Ear,  Nose  and
Throat (ENT)  clinic  at  Clark  AB,  Philippines.  The  ENT  consult,
completed on 23 Apr 73, revealed minimal  sensorineural  hearing  loss
and the applicant, who had been profiled from flight line duties,  was
returned to duty.

An inpatient record from Tripler Army Medical Center, HI, dated  5 May
73,  indicated  the  applicant  was  med-evacuated  from   Clark   AB,
Philippines, because of a six-month history of religious preoccupation
and intense aversions towards violence. Initial referral to Clark  had
been for a long-term hearing problem. The applicant indicated  he  did
not want to return to Thailand because of his  religious  convictions.
Diagnosis was paranoid  schizophrenia.  He  was  discharged  from  the
hospital approximately two days  later  and  referred  to  Hickam  AFB
mental health clinic (MHC) for follow-up.

An 11 May 73 MHC entry indicates  there  was  no  evidence  of  active
psychotic  symptoms  and  the  applicant  was  asking  for  “Operation
Transition.”  A  7  Jun  73  profile   recorded   the   diagnosis   as
schizophrenia, paranoid type, in remission, and prohibited flight line
duty only.  [DVA records report that he was placed in a transition-to-
civilian-life program and worked as an intern in hotel management from
about May 73 until his discharge.]

The applicant was honorably released from active duty on 1 Oct 73,  in
the grade of sergeant, after four years of active service.

A 17 Sep 87 DVA neuropsychiatric  evaluation  reported  the  applicant
gave no symptoms or signs during the last  13  years  of  a  psychotic
illness. The  evaluation  noted  he  had  no  true  hallucinations  or
psychotic paranoia and appeared to be something of  a  workaholic.  He
related periodic depression. The psychiatrist  did  not  find  service
connection for the problems the applicant complained of in his day-to-
day life.

The  applicant  applied  for  service  connection  for  hearing  loss,
perforation of the right tympanic membrane, and nervous condition. The
11 Mar 88 DVA report indicated  the  applicant’s  hearing  was  within
normal limits and neuropsychiatric examination found  no  evidence  of
any psychosis. The report also noted that  a  3  Dec  79  post-service
report stated the applicant’s  right  tympanic  membrane  moved  quite
well. Service connection was denied for hearing loss, as  it  was  not
found on the last examination. The schizophrenia  treated  within  the
service was of an acute nature and did not result  in  a  chronic  on-
going disability. The DVA concluded the  evidence  did  not  show  his
right ear perforation continued to cause him  problems  subsequent  to
discharge from active duty.

More recent DVA documentation  did  not  indicate  a  diagnosis  of  a
psychotic disorder such as  schizophrenia,  but  indicated  diagnostic
impressions  including  personality  disorder  and   depression.   The
applicant’s appeals for  DVA  disability  for  Post  Traumatic  Stress
Disorder (PTSD) have been denied. A 25  Apr  03  DVA  rating  decision
denied claims for service-connected PTSD, back and nervous conditions,
numbness of right hand, hearing loss, and flat feet.

More details are provided by the  AFBCMR  Medical  Consultant  in  his
advisory at Exhibit D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFMSA/SGOZ indicates the available medical documents  do  not  support
the applicant’s claim of back pain. George AFB  has  been  closed  for
many years and the medical personnel present during the  time  of  the
applicant’s encounters are no longer available to  either  support  or
refute his claim. Based on the lack of documentation  to  support  his
claim, denial is recommend.

A complete copy of the evaluation is at Exhibit C.

The AFBCMR Medical Consultant  provides  details  of  the  applicant’s
medical  history  and  contends  there  were  no  medical   conditions
warranting referral into the disability evaluation system (DES) except
for possibly his diagnosis  of  paranoid  schizophrenia.  A  7 Jun  73
physical profile serial report indicated the applicant’s condition was
in remission and his only duty limitation was restriction from  flight
line duties. He apparently completed  his  term  of  service  in  good
health. DVA documentation from 1987 indicates no  recurrent  psychotic
symptoms  following  discharge.  The   fact   that   the   applicant’s
schizophrenic condition was in remission  means  it  would  have  been
rated at 0% according to the  VA  Schedule  for  Rating  Disabilities.
There is virtually no evidence he  would  have  been  eligible  for  a
medical retirement. There is no  evidence  the  applicant  experienced
back pain while on active duty and he  denied  it  on  his  separation
medical examination. Action was proper and equitable in this case  and
the applicant’s appeal should be denied.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 19 Mar 04 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.  After  a  thorough  review  of
available official documents and the applicant’s  submission,  we  are
not  persuaded  his  military  records  should  reflect  the   medical
conditions  requested  or  that  he  should   be   given   a   medical
discharge/retirement. None of his medical issues warranted referral to
the DES, except for possibly his diagnosis of paranoid  schizophrenia.
However, a 7 Jun 73 physical  profile  serial  report  indicated  this
condition  was  in  remission  and  his  only  duty   limitation   was
restriction  from  flight  line  duties.  As  noted  by  the   Medical
Consultant, the fact that the schizophrenia was in remission means  it
would have been rated at 0% according to the VA  Schedule  for  Rating
Disabilities. The applicant appears to  have  completed  his  term  of
service in good health and there is virtually  no  evidence  he  would
have been eligible for a medical retirement. Neither  the  applicant’s
records nor his submission demonstrates he experienced unfitting  back
pain while on active duty, and he himself denied such a  condition  on
his  separation  medical  examination.  DVA  documentation  from  1987
indicates no recurrent psychotic symptoms following his discharge.  As
the applicant has not sustained his burden of having  suffered  either
an error or an injustice, we find no  compelling  basis  to  recommend
granting the relief sought.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially add to our understanding of the issues involved. Therefore,
the request for a hearing 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 21 April 2004 under the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Frederick R. Beaman III, Member
                 Mr. Vance E. Lineberger, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-02742 was considered:

  Exhibit A.  DD Form 149s (2), dated 11 Aug & 9 Sep 03, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFMSA/SGOZ, dated 21 Nov 03.
  Exhibit D.  Letter, AFBCMR Medical Consultant, dated 10 Mar 04.
  Exhibit E.  Letter, SAF/MRBR, dated 19 Mar 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 03982 (2)

    Original file (BC 2013 03982 (2).txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03982 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Psychotic Disorder/ Schizophrenia, be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. On 27 Dec 08, according to documentation...

  • AF | BCMR | CY2013 | BC 2013 03982

    Original file (BC 2013 03982.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03982 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Psychotic Disorder/ Schizophrenia, be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. On 27 Dec 08, according to documentation...

  • AF | BCMR | CY2003 | BC-2001-02424

    Original file (BC-2001-02424.doc) Auto-classification: Approved

    The Board noted that the applicant was diagnosed with adjustment and personality disorders, but a determination was made by the evaluator that she did not have a psychiatric disorder that warranted disposition by a medical evaluation board, and that her personality disorder did not significantly impair her ability to adapt to military service. In view of the fact that the applicant’s symptoms were very mild at the time of her mental health evaluation, and the presence of a pre-morbid...

  • ARMY | BCMR | CY2004 | 20040011498C070208

    Original file (20040011498C070208.doc) Auto-classification: Denied

    The applicant requests, in effect, that, upon removal from the temporary disability retired list (TDRL), the record be changed to show that the Physical Evaluation Board (PEB), dated 6 October 2004, recommended a combined rating of 30 percent and that he was placed on the Retired List due to disability. U.S. Army Physical Disability Agency (USAPDA) Orders D292-06, dated 18 October 2004, notified the applicant that he was removed from the TDRL and discharged from the service effective 18...

  • ARMY | BCMR | CY2010 | 20100025643

    Original file (20100025643.txt) Auto-classification: Denied

    The applicant states she presented evidence to the Physical Evaluation Board (PEB) of a diagnosis of PTSD but they refused to look at it. There is no follow-up treatment record for these conditions in the available records. Statements provided in support of the applicant's DVA application for PTSD state that the applicant's unit was on a humanitarian mission in El Salvador.

  • ARMY | BCMR | CY2005 | 20050009568C070206

    Original file (20050009568C070206.doc) Auto-classification: Denied

    The applicant requests that his administrative discharge be changed to a medical separation. Counsel states the applicant's medical records show no psychiatric complaints until shortly before his expiration term of service (ETS) during his first enlistment. diagnosed him with Schizoid Personality manifested by social isolation and withdrawn behavior and recommended discharge under chapter 13 [Army Regulation 635-200] as unsuitable because of a character and behavior disorder.

  • ARMY | BCMR | CY2003 | 2003090390C070212

    Original file (2003090390C070212.rtf) Auto-classification: Denied

    In the processing of that formal LOD investigation, a statement was obtained from the physician who had made the entry that the applicant had stated she had been taking anti-psychotic medications prior to AT. As the illness progresses, psychotic symptoms develop: The preponderance of evidence supports a finding that the applicant’s schizophrenia existed prior to her entry on active duty during her AT, and there is no evidence of any event which may have aggravated that condition.

  • AF | PDBR | CY2012 | PD2012 01973

    Original file (PD2012 01973.rtf) Auto-classification: Denied

    The FPEB’s DA Form 199 cited “symptoms are controlled by continuous medication” as a 10% criterion of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD); and “rated as mild social and industrial impairment” referencing AR 635-40 (derived in turn from Department of Defense Instruction [DoDI] 1332.39).The GERD condition was determined to be not unfitting by the IPEB, but not specifically adjudicated by the FPEB (assumed to be an erroneous omission and a de facto adjudication as not...

  • ARMY | BCMR | CY2012 | 20120009003

    Original file (20120009003.txt) Auto-classification: Denied

    The military physician determined he was medically unfit according to Army Regulation 40-501 (Standards of Medical Fitness) and recommended entering him into the physical disability evaluation system (PDES). He was rated under the VA Schedule for Rating Disabilities (VASRD) codes 9299 and 9210 and granted a zero-percent (0%) disability rating. Here, the PEB did so and rated his condition 0% disabling.

  • ARMY | BCMR | CY2011 | 20110020504

    Original file (20110020504.txt) Auto-classification: Denied

    The applicant provides: * DD Form 214 (Report of Separation from Active Duty) * Army Board for Correction Military Records (ABCMR) Record of Proceedings Docket Number AR20100022702, dated 29 March 2011 * VA Rating Decision, dated 8 September 2011 * certificate from the VA, dated 10 September 2011 CONSIDERATION OF EVIDENCE: 1. The VA Winston-Salem Regional Office transmittal letter, dated 10 August 2010, shows his service-connected disability rating of 100 percent for paranoid-type...