SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2001-03145
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 13 Jun 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect her entitlement to incapacitation
pay for the period from 1 Nov 98 to 30 Sep 03.
_________________________________________________________________
STATEMENT OF FACTS:
On 6 Jun 02, the Board considered an application pertaining to the
applicant, in which she requested that her records be reevaluated to
determine whether she was wrongfully discharged and denied future
employment in the military. The offices of primary responsibility
(OPRs) recommended that the applicant receive a medical examination to
determine her medical status at the time of her discharge. The Board
agreed with the OPRs' recommendation and directed that the applicant
undergo a physical examination and review by the Medical Evaluation
Board (MEB), the Physical Evaluation Board (PEB) and the Formal
Physical Evaluation Board (FPEB), if necessary, to determine her
medical condition as of the date of her discharge. A complete copy of
the Memorandum for the Chief of Staff, with attachments, is at Exhibit
H.
On 17 Sep 02, an MEB convened and established a diagnosis of a History
of Myofascial Pain Syndrome in 1998, presently normal examination.
The MEB recommended that the applicant’s case be referred to an
Informal Physical Evaluation Board (IPEB).
On 1 Oct 02, an IPEB convened and established a diagnosis of a History
of Myofascial Lumbar Pain. The IPEB found that the applicant was
unfit because of physical disability, and that the disability was
ratable under VA Diagnostic Code 5290 at 10 percent, and that the
disability may be permanent. The IPEB recommended that the applicant
be discharged with severance pay.
On 30 Oct 02, the applicant disagreed with the findings and
recommended disposition of the IPEB and demanded a formal hearing of
the case.
On 14 Nov 02, an FPEB convened and established a diagnosis of a
History of Myofascial Lumbar Pain. The FPEB found that the condition
was unfitting but was not compensable or ratable. The FPEB found that
the applicant was fit for return to duty. The applicant agreed with
the findings and recommended disposition of the FPEB.
On 26 Aug 03, the Board considered an application pertaining to the
applicant, in which she requested that her records be corrected to
allow her the option of returning to military service. The Board
indicated that since she had been found fit for military duty, she
should be afforded the opportunity to return to military service.
Accordingly, the Board recommended that her reenlistment eligibility
(RE) code be changed, which was accepted by the Director, Air Force
Review Boards Agency on 30 Sep 03. A complete copy of the Memorandum
for the Chief of Staff, with attachments, is at Exhibit I.
By application, dated 20 Nov 04, the applicant requests that her
records be corrected to reflect her entitlement to incapacitation pay
for the period from 1 Nov 98 to 30 Sep 03. Because she was denied the
option to reenlist as a result of her improper discharge, she believes
she is entitled to incapacitation pay from the time of her discharge
in Nov 98 to the correction of her records by the Board in Sep 03.
Applicant’s complete submission, with attachment, is at Exhibit J.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/DPMB recommended denial indicating that since the applicant is
entitled to be returned to the Air Force Reserve without any physical
limitations and was considered qualified to perform her duty during
the period in question, she would not be entitled to incapacitation
pay.
A complete copy of the AFRC/DPMB evaluation is at Exhibit K.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 4 Apr
05 for review and response. As of this date, no response has been
received by this office (Exhibit L).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. After a thorough review of this case, we find that there is
insufficient evidence to warrant any corrective action regarding the
applicant’s request for incapacitation pay for the period 1 Nov 98 to
30 Sep 03. We note that based on the recommendations of the Air Force
offices of primary responsibility (OPRs), the Board had previously
determined the applicant should be evaluated to ascertain her medical
condition at the time of her involuntary discharge on 1 Nov 98. She
was ultimately found to have been fit for return to duty, as of 1 Nov
98, by the FPEB after she successfully appealed the IPEB initial
finding of unfitness. As a result, and based on the Medical
Consultant’s recommendation, the Board determined that her records
should be corrected to allow her the opportunity to return to military
service. In view of the foregoing, we find the applicant’s assertion
she is entitled to incapacitation pay for the period in question to be
inconsistent with the finding she was fit for return to military duty.
Accordingly, we find no basis to act favorably on the applicant’s
request.
2. 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 Jun 05, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Sharon B. Seymour, Member
Mr. Grover L. Dunn, Member
The following additional documentary evidence pertaining to AFBCMR
Docket Number BC-2001-03145 was considered:
Exhibit H. Memorandum for Chief of Staff, dated 25 Jan 01,
w/atchs.
Exhibit I. Memorandum for Chief of Staff, dated 30 Sep 03,
w/atchs.
Exhibit J. DD Form 149, dated 20 Nov 04, w/atchs.
Exhibit K. Letter, AFRC/DPMB, dated 30 Mar 05.
Exhibit L. Letter, SAF/MRBR, dated 4 Apr 05.
WAYNE R. GRACIE
Panel Chair
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