RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02281
INDEX NUMBER: 108.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 2 Feb 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His disability discharge with severance pay from the Air Force be
changed to a medical retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Since his discharge from the Air Force he has been further evaluated
by the Department of Veterans Affairs (DVA) and received a disability
rating of 70%.
In support of his appeal, applicant provides a copy of the DVA
decision paperwork and a copy of the Air Force disability findings.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 10 Jul 96. On 1
Jul 03, a Medical Evaluation Board (MEB) was convened on the applicant
due to his persistent, recurrent symptoms of Major Depressive
Disorder. The MEB diagnosed the applicant with Major Depressive
Disorder and recommended he be referred to a Physical Evaluation Board
(PEB). On 14 Jul 03, an Informal PEB (IPEB) diagnosed the applicant
with Major Depressive Disorder, mild social and industrial
adaptability impairment. The applicant’s condition was rated at 10%
and it was recommended he be discharged with severance pay. On 16 Jul
03, the applicant concurred with the findings and recommended
disposition of the IPEB. On 22 Jul 03, officials within the Office of
the Secretary of the Air Force (SECAF) determined the applicant was
unfit for continued military service and directed his discharge with
severance pay. The applicant was discharged on 2 Sep 03 for
disability and paid severance pay.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. The applicant believes his record is in error because the
Air Force evaluated his unfitting condition of depression at 10% and
the DVA in an examination following separation has initially evaluated
his depression at 30% and has granted additional service-connected
disability compensation for conditions that the Air Force did not
provide a rating or compensation for. The reason the applicant could
be found unfit by the Air Force at a certain disability level and
later granted a higher service-connected disability by the DVA is due
to the differences between Title 10, USC and Title 38, USC. The
military services operate under Title 10 and can only offer
compensation for those diseases or injuries that specifically rendered
a member unfit for continued active service and were the cause for
termination of their career. Compensation can only be offered for the
degree of impairment present at the time of separation. The mere
presence of a medical condition does not qualify a member for
disability evaluation.
The DVA operates under a separate set of laws and specifically
addresses long term medical care, social support and educational
assistance. The DVA is chartered to offer care and compensation for
any service-connected disease or injury without regard to whether it
was unfitting for continued military service. The DVA is also
empowered to reevaluate veterans periodically for the purpose of
changing their disability awards if their level of impairment changes
over time.
In this instance, the only condition that rendered the applicant unfit
for continued military service was depression with a social and
industrial adaptability impairment of mild. Disability separation
with severance pay was appropriately recommended and is supported by
the applicant’s service personnel and service medical records.
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
27 May 05 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 BCMR
Medical Consultant and adopt his 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-
02281 in Executive Session on 6 July 2005, under the provisions of AFI
36-2603:
Ms. B.J. White-Olson, Panel Chair
Ms. Patricia A. Robey, Member
Mr. Patrick C. Daugherty, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jul 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 19 May 05.
Exhibit D. Letter, SAF/MRBR, dated 27 May 05.
B.J. WHITE-OLSON
Panel Chair
AF | BCMR | CY2003 | BC-2003-01238
On 5 Feb 01, the Air Force PEB recommended that the applicant be discharged from the Air Force with severance pay with a combined disability rating of 10 percent. 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 19 Sep 03 for review and comment within 30 days. It is our opinion that because of the severity of his condition...
AF | BCMR | CY2007 | BC-2007-00249
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00249 INDEX CODE: 108.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His disability rating be changed to 100 percent rather than 40 percent. The Veterans’ Administration (VA) has rated his service- connected disability at 100 percent and permanently and totally disabled. DPPD’s complete evaluation...
AF | BCMR | CY2007 | BC-2006-00678
He appealed to the SAFPC, which on 14 September 2005, directed he be removed from TDRL and discharged with severance pay with a 20 percent disability rating. He was placed on TDRL for two years, during which time he continued his work as an aircraft mechanic. The BCMR Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: The applicant pleads with the Board to reconsider the low rating...
AF | BCMR | CY2004 | BC-2003-03825
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03825 INDEX NUMBER: 145.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to show she was medically retired from the Air Force and not disability discharged with severance pay. The IPEB properly rated the applicant’s condition at the time of her evaluation in the...
AF | BCMR | CY2007 | BC-2006-01958
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01958 INDEX CODE: 108.00, 110.00 XXXXXXX COUNSEL: JOHN F. LEGRIS HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 1 JAN 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: Her disability separation, with severance pay be changed to a disability retirement with a disability rating of 40 percent; in the alternative, be reinstated in...
AF | BCMR | CY2005 | BC-2004-02303
On 7 November 2001, the Secretary of the Air Force directed the applicant be separated from active service for physical disability due to a condition that existed prior to military service. She received an RE code of 2Q - Personnel medically retired or discharged and an SPD code of JFM - Disability Existed Prior to Service, PEB. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommended denial indicating the applicant...
AF | BCMR | CY2006 | BC-2005-01789
_________________________________________________________________ APPLICANT CONTENDS THAT: She was diagnosed with thyroid cancer, which provided clinical evidence that she had a real medical problem that produced the symptoms and conditions used to suggest the diagnosis of Dysthymia and Personality Disorder. She was diagnosed with thyroid cancer only four months after her discharge from the Air Force. The BCMR Medical Consultant concludes that the applicant’s diagnosis of personality...
AF | BCMR | CY2004 | BC-2002-02301
An MEB was convened on 1 Feb 00 and referred her case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of Axis I: somatization disorder, PTSD, chronic and partial remission, depressive disorder not otherwise specified; and Axis II: borderline and paranoid personality traits. Her PTSD represents an existing prior to service condition that in combination with her maladaptive personality traits is significantly responsible for her primary unfitting diagnosis of somatization...
AF | BCMR | CY2004 | BC-2004-00201
On 7 October 1998, the applicant’s commander notified the applicant he was recommending her discharge from the United States Air Force for Mental Disorders. Evidence of the record shows that the applicant’s depressed mood resolved by the time of her separation, consistent with her diagnosis of Adjustment Disorder. Following discharge, the applicant experienced recurrent symptoms of depression and developed Major Depressive Disorder with psychosis in January 2004, five years after her discharge.
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.