RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03161
INDEX NUMBER: 108.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 8 Apr 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His disability discharge with severance pay on 19 Jun 00 be changed to
a medical retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for Fibromyalgia associated with depression. Based
on new blood tests, he now recognizes he should have been diagnosed
with diabetes.
In support of his appeal, applicant provides a copy of his DD Form 214
and a copy of the findings and recommendation of the Informal Physical
Evaluation Board (IPEB) conducted on 28 Mar 00. As further support of
his appeal, applicant references his claim filed with the Department
of Veterans Affairs (DVA).
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 29 May 90 and
served as a communications computer systems control journeyman. On 28
Mar 00, an IPEB diagnosed the applicant with the unfitting condition
of Fibromyalgia associated with depression and recommended he be
discharged with severance pay based on a 20% disability rating. On 3
Apr 00, the applicant indicated on the AF Form 1180, “Action on
Physical Evaluation Board Findings and Recommended Disposition,” he
did not agree with the findings and recommended disposition of the
IPEB and requested a formal hearing. On 28 Apr 00, a Formal PEB
(FPEB) was held. The FPEB upheld the findings and recommendation of
the IPEB and recommended the applicant be discharged with severance
pay. On 28 Apr 00, the applicant indicated he agreed with the
findings and recommended disposition of the FPEB. On 4 May 00, the
Secretary of the Air Force determined the applicant to be physically
unfit for continued military service and directed he be discharged
with severance pay. The applicant was discharged with severance pay
on 19 Jun 00.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends the applicant’s request be
denied. The applicant requests disability retirement based on a post-
service diagnosis of diabetes. Laboratory results, including results
two months prior to his separation, show no evidence of the
hyperglycemia that characterizes diabetes.
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 9
Aug 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 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. 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-
03161 in Executive Session on 21 September 2005, under the provisions
of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Charlie E. Williams, Jr., Member
Mr. Jay H. Jordan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Oct 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 4 Aug 05.
Exhibit D. Letter, SAF/MRBR, dated 9 Aug 05.
JOSEPH G. DIAMOND
Panel Chair
AF | BCMR | CY2010 | BC-2010-00172
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00172 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her disability discharge, with severance pay (DWSP) be changed to a medical retirement. The applicants case was forwarded to the Formal PEB (FPEB) and they concurred with IPEBs findings, with additional findings of myofascial pain syndrome...
AF | BCMR | CY2003 | BC-2002-02712
The complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant indicates in her response to the Air Force evaluation that she disagrees with the BCMR Medical Consultant’s statement of her request. AF Form 618, Medical Board Report, coupled with the narrative summaries/consultations, commander’s letters, etc., address her unfitting conditions as required for review by the PEB. Disability...
AF | BCMR | CY2005 | BC-2005-01141
The IPEB diagnosed the applicant with asthma with a disability rating of 10 percent. On 8 Nov 02, the FPEB determined that testimony and medical evidence confirmed the findings of the IPEB and maintained the same recommendation that the applicant be discharged with severance pay with a compensable disability rating of 10 percent. On 17 Dec 02, the Secretary of the Air Force Personnel Council (SAFPC) directed that the applicant be separated from active service for physical disability with a...
AF | BCMR | CY2003 | BC-2002-02788
The applicant disagreed with the Board’s findings and requested a formal hearing of his case. His rebuttal requested that his medical condition be evaluated as 40 percent disabling or higher. The complete evaluation is at Exhibit D. _____________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 6 Dec 02 for review and comment within 30 days.
AF | BCMR | CY2010 | BC-2009-04657
_________________________________________________________________ APPLICANT CONTENDS THAT: Her Medical Evaluation Board (MEB) decision should be revisited. On 19 Sep 08, an Informal Physical Evaluation Board (IPEB) found the applicant unfit for service and recommended discharge with severance pay with a 20 percent disability rating for Fibromyalgia. On 18 Nov 08, the FPEB agreed with the IPEB decision and recommended discharge with severance pay with a 20 percent disability rating.
AF | BCMR | CY2005 | BC-2004-02625
Otherwise, the lower rating will be assigned.” Rating guidance contained in the VASRD, Section 4.7, Higher of two evaluations, states, “Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. The complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The...
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-00658 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: In the applicant’s request for reconsideration, she requests her medical record be reassessed and her medical condition at the time of discharge be reevaluated based on differences between her military disability rating and subsequent...
AF | BCMR | CY2005 | BC-2001-00295
The applicant’s rebuttal, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief, General Law Division, HQ USAF/JAG, noted that Section 2005 provides for recoupment if a member fails to complete the ADSC voluntarily or due to misconduct. On 14 Aug 01, DFAS-POCC/DE advised the applicant that, based on her placement on the TDRL, it was inappropriate at this time to recoup monies which might not be owed if...
AF | BCMR | CY2011 | BC-2011-03176
The complete DPPD evaluation is at Exhibit C. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends rescinding the applicants administrative discharge under the provision of AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members and supplanting it with an order transferring the applicant to the Reserve Retired Section effective the date of discharge (10 Aug...
AF | BCMR | CY2003 | BC-2002-02601
On 7 Nov 88, the PEB found that the applicant was unfit for military service because of physical disability and recommended that he be discharged with severance pay based on a 20 percent disability rating. Unfitting medical conditions rated at 30 percent or higher by the PEB during the MEB process, are eligible for a disability retirement under disability laws and policy. The complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S...