RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03095
            INDEX CODE:  108.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her discharge be changed to a permanent disability retirement.
_________________________________________________________________

APPLICANT CONTENDS THAT:

She should have  received  a  medical  discharge.   Her  condition  is
progressively  getting  worse  and  her   medical   care   costs   are
skyrocketing.

In support of her request, the applicant submits a copy of her DD Form
214 and DD Form 293  (Application  for  the  Review  of  Discharge  or
Dismissal  from  the  Armed  Forces  of  the  United   States).    The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is
2 Jun 1992.  She was progressively promoted to  the  grade  of  senior
airman (E-4), with an effective date and date of rank of 2 June 1995.

A Medical Evaluation Board (MEB) was convened on 20 January  2000  and
the results referred to the Informal Physical Evaluation Board (IPEB).

On 1 February 2000,  an  Informal  Physical  Evaluation  Board  (IPEB)
convened and found  her  chronic  back  pain  with  secondary  tension
headaches and depression as unfitting for continued  military  service
and recommended she be discharged with entitlement to  severance  pay,
with a compensable disability rating of ten (10) percent.  Her medical
conditions for intermittent migraine headaches,  Gestational  Diabetes
Mellitus, and Asthma (considered to have  existed  prior  to  service)
were also considered, but were not determined to be unfitting  at  the
time of her MEB/PEB.  On 4 February 2000, the applicant disagreed with
the findings and recommended disposition of the IPEB and  requested  a
Formal PEB (FPEB).

On 23 February 2000, the applicant  appeared  before  the  FPEB,  with
counsel.  The FPEB confirmed the findings and  recommendation  of  the
IPEB and recommended she be discharged with entitlement  to  severance
pay, with a compensable disability rating of ten  (10)  percent.   The
applicant disagreed with the findings and recommended  disposition  of
the FPEB and elected to submit a written rebuttal to the Secretary  of
the Air Force Personnel Council (SAFPC).

On 6 March 2000, the applicant submitted her rebuttal letter to  SAFPC
requesting a disability  retirement,  with  a  compensable  disability
rating of 40 percent.  On 16 March 2000, following an extensive review
of the medical evidence, SAFPC concurred with the  recommendations  of
the IPEB and FPEB and directed she be discharged with  severance  pay,
with a compensable disability rating of ten (10) percent.

The Department of Veterans Affairs  (DVA)  records  reflect  that  the
applicant was granted a combined disability rating of 60 percent.
_________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR Medical Consultant summarized the  information  contained  in
the applicant’s personnel and medical records and is  of  the  opinion
that the preponderance of  the  evidence  of  the  record  supports  a
disability rating  of  20  percent.   He  concurs  with  the  Physical
Evaluation Boards that the evidence does not  support  a  rating  that
would qualify for disability retirement.  Action  and  disposition  in
this case are proper and  equitable  reflecting  compliance  with  Air
Force directives that implement the law.  Details  of  his  evaluation
are at Exhibit C.


HQ AFPC/DPPD, after having reviewed the preponderance of evidence  and
considering the BCMR Medical  Consultant’s  recommendation,  forwarded
applicant’s case file to the Informal Physical Evaluation Board (IPEB)
for  further  consideration.   While  there  is  room  for   different
interpretations  of  the  fairly  limited  criteria  for   applicant’s
condition, the IPEB opines this case clearly falls within the criteria
for the 10 percent disability rating,  consistent  with  the  previous
decision rendered at multiple levels  of  highly  experienced  boards.
DPPD recommends denial of the applicant’s request in that the IPEB  is
not thoroughly convinced the overturning  of  the  initial  disability
rating from 10 to 20 percent is  fully  justified,  despite  the  BCMR
Medical Consultant’s recommendation.  DPPD states that  the  consensus
not to award a disability retirement was agreed upon by all  reviewing
officials.  DPPD totally agrees that medical retirement should not  be
granted under any circumstances.  A complete copy of  this  evaluation
is appended at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant  on  5
March 2004 for review and response.  As of this date, no response  has
been received by this office (Exhibit E).
_________________________________________________________________

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 to warrant partial  relief.   We  note
that  HQ  AFPC/DPPD  disagreed  with  the  BCMR  Medical  Consultant’s
recommendation for a 20 percent  disability  rating.   However,  after
careful consideration, we conclude that the BCMR Medical  Consultant’s
recommendation and rationale appear to be supported by the evidence of
record.  While the applicant may now have a higher  disability  rating
by the Department of Veterans Affairs (DVA), the Air Force  disability
system stipulates that the percentage must  be  based  on  a  member’s
condition at the time of separation.  We  are  not  persuaded  by  the
available evidence that the applicant’s condition at the time  of  her
separation met the criteria for award of a higher compensable  rating.
The BCMR Medical Consultant advises that, based on  the  preponderance
of the evidence of record, the  applicant’s  combined  back  pain  and
radiculopathy warrants a combined rating of 20 percent.  Therefore, in
order to preclude a possible injustice, we agree with the BCMR Medical
Consultant’s suggested relief and recommend the applicant’s records be
corrected to the extent indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating  to  APPLICANT  be  corrected  to  show  that  the   combined
compensable percentage for her unfitting  ratable  conditions  was  20
percent, rather than 10 percent.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 22 April 2004, under the provisions  of  AFI  36-
2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. John B. Hennessey, Member
              Mr. Jay H. Jordan, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2003-03095.


   Exhibit A.  DD Form 149, dated 10 Sep 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 30 Jan 04.
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 27 Feb 04, w/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 5 Mar 04.




                                   ROBERT S. BOYD
                                   Panel Chair



AFBCMR BC-2003-03095




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 APPLICANT be corrected to show that the combined
compensable percentage for her unfitting ratable conditions was 20
percent, rather than 10 percent.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency