RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00465
INDEX NUMBER: 108.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge for disability with severance pay be voided and he be
reinstated to active duty.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After his medical discharge, the Department of Veterans Affairs (DVA)
determined that his diagnosis was incorrect. The Deputy Commander for
the 99th Medical Group admitted to him and his congressman that the
diagnosis was incorrect due to typographical errors. He was
discharged due to miscommunication and typographical errors. The
applicant states that he fought hard to stay in service and had the
strong backing of his commander and supervisors.
In support of his appeal, applicant provides copies of letters of
support written at the time of the medical evaluation board (MEB)
urging that he be retained in service. The applicant also provides a
copy of a radiology report, which showed that he had a normal aorta
without aneurysm.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 31 Jul 92. He
was progressively promoted up to the grade of staff sergeant (E-5).
His primary specialty was Aircraft Structural Maintenance Craftsman.
On 22 Apr 03, a medical evaluation board (MEB) convened to consider
the applicant’s fitness for continued active duty after being treated
for ongoing problems with spine pain. The applicant was diagnosed
with multiple stigmata of Marfan’s disease and recommended to meet an
informal physical evaluation board (IPEB). On 16 May 03, an IPEB
convened and diagnosed the applicant with Scoliosis secondary to
Marfan’s syndrome. The applicant was found unfit and recommended for
discharge with severance pay with a disability rating of 10%. On 22
May 03, the applicant indicated his agreement with the recommended
disposition of his case by the IPEB and waived his right to a formal
hearing. On 3 Jun 03, the Secretary of the Air Force Personnel
Council (SAFPC) determined that the applicant was physically unfit for
continued military service and directed disability discharge with
severance pay. The applicant was discharged on 21 Jul 03 for
disability and awarded severance pay.
A total of ten enlisted performance reports (EPRs) were rendered on
the applicant during his career. The applicant was rated an overall
“4” on his initial EPR and an overall “5” on the nine subsequent
reports.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. The applicant was discharged with disability due to thoracic
spine pain secondary to severe kyphotic deformity and degenerative
disc disease that interfered with the full physical requirements of
his job. The applicant contends he does not have Marfan syndrome.
Based on the evidence of record, he does not meet the classification
criteria for clinical diagnosis; however, documentation of examination
for all manifestations is incomplete. Whether or not the applicant
has a family history of Marfan syndrome or possesses an abnormal
fibrin-1 gene does not change the established facts of his kyphotic
deformity with secondary degenerative changes and duty limiting pain.
If he does not have Marfan syndrome or an abnormal fibrillin-1 gene,
he still has spine disease that rendered him unfit for duty.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 6
Aug 04 for review and comment within 30 days. To date, a response has
not been received.
_________________________________________________________________
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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, 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. Therefore, 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 Docket Number BC-2004-
00465 in Executive Session on 30 September 2004, under the provisions
of AFI 36-2603:
Mr. Edward H. Parker, Panel Chair
Ms. Deborah A. Erickson, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Feb 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
Dated 28 Jul 04.
Exhibit D. Letter, SAF/MRBR, dated 6 Aug 04.
EDWARD H. PARKER
Panel Chair
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