RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03460
            INDEX CODE:  108.01
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 9 MAY 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a medical retirement with full benefits.

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APPLICANT CONTENDS THAT:

On 21 November 2002, he met a Formal Physical Evaluation  Board  (FPEB)  and
believes the FPEB  rendered  an  incorrect  and  unfair  assessment  of  his
medical  condition.   The  FPEB  assessment  of  his  medical  condition  in
relation to his back does not accurately reflect the true condition  of  his
disability.   The  FPEB’s  recommendation  of  10  percent   disability   is
extremely low, given the professional opinions of the doctor’s  who  treated
him at the time of his accident.  As a  Reservist  assigned  to  US  Central
Command he would work on active duty orders almost  year  round.   While  on
orders, he was able to seek physical therapy on a regular  basis  after  his
accident; however, his active duty orders ended on 30 September 2001.   When
he went back to Reserve Affairs and  asked  about  his  new  set  of  orders
beginning 1 October 2001, they could  not  let  him  come  back  on  orders.
Months later, he was told by a Patient Advocate at  the  hospital,  that  he
should not have been released from his orders until he  was  either  allowed
to return to duty or until he was medically discharged  since  his  accident
occurred on active duty.  He was denied physical therapy for his back  since
September  2001  to  present.   His  condition  has  worsened   because   of
negligence from the Air Force.

He is in pain all the time and unable to work 40 hours a week.  He wakes  up
with pain every day and goes to bed in pain every night.  Due to  the  daily
severe pain in his neck and back coupled with the shortage of  finances,  he
has developed major  depression  and  anxiety  disorder.   He  believes  his
condition warrants an active duty medical retirement.

In support of his request, applicant provides a personal  statement,  copies
of his physical therapy and  mental  health  appointments,  Retired  Reserve
order,  his  civilian  doctor’s  statement  and   an   unofficial   Veterans
Administration rating
decision.  The applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 14 June 1998, following previous enlistments in  the  Regular  Air  Force
Reserve, the applicant reenlisted in the Air Force Reserve for a  period  of
six years in the grade of staff sergeant.

Based on the available records, the  Informal  Physical  Evaluation  Board’s
(IPEB’s) findings, dated 2 October 2002, found the applicant  unfit  because
of physical disability incurred in the line of duty and  while  entitled  to
receive basic pay.  Their  diagnoses  was  chronic  musculoligamentous  back
pain associated  with  chronic  cervical  strain  (Category  I  -  unfitting
conditions which are compensable and ratable) rated at 10% disability.   The
IPEB recommended the applicant be  discharged  with  severance  pay  with  a
disability  rating  of  10%;  because  of  his   unfitting,   ratable,   and
compensable condition; in accordance with DoD  and  Veterans  Administration
Schedule  for  Rating  Disabilities  (VASRD)  guidelines.    The   applicant
indicated he did not agree with the IPEB’s findings and requested  a  Formal
Physical Evaluation Board (FPEB).

The FPEB’s findings, dated 27 February 2003, confirmed the findings  of  the
IPEB and recommended the applicant be discharged with severance pay  with  a
disability rating of  20%  for  chronic  musculoligamentous  back  pain  and
chronic neck pain associated with degenerative disk disease.  The  applicant
indicated  his  disagreement  with  the  FPEB’s  findings  and  submitted  a
rebuttal.  On 27 February 2003, the Secretary of the  Air  Force  determined
the applicant was  physically  unfit  for  continued  military  service  and
recommended he be disability discharged and receive  severance  pay  with  a
disability rating of 20 percent under the provisions  of  Title  10,  United
States Code (USC), Section 1203.  Under the provisions of Title  10,  United
States Code, Section 12731, the applicant was entitled  to  retired  pay  at
age 60.  Effective 21 April 2003, applicant  was  assigned  to  the  Retired
Reserve Section awaiting Retired pay  at  age  60  (3 November  2021).   His
assignment to the Retired Reserve Section was  in  the  grade  of  technical
sergeant with a date of rank of 1 July 2000.  He was credited with 19  years
of satisfactory federal service.

The remaining relevant facts pertaining to this application, extracted  from
the available medical records, are contained in the letter prepared  by  the
BCMR Medical Consultant at Exhibit C.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied.  The  BCMR
Medical  Consultant  advises  that  in   disability   cases   the   Veterans
Administration Schedule for Rating  Disabilities  is  used  as  a  guide  to
establish compensable percentage.  Essential to determining the  appropriate
rating was the applicant’s level of function at the time  of  a  finding  of
unfitness.   The  Personnel  Council’s  finding  is  consistent   with   the
contemporaneous medical entries preceding October 2001, and with the  record
of near continuous peace-time  active  duty  performed  for  the  two  years
following the accident.  The BCMR Medical Consultant is of the opinion  that
action and disposition in this case  are  proper  and  equitable  reflecting
compliance with Air Force directives  that  implement  the  law.   The  BCMR
Medical Consultant’s evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 October 2005, a copy of the Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a response.

_________________________________________________________________

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.  The applicant's submission was  thoroughly
reviewed and his contentions were duly noted.  However, we do not  find  the
documentation presented sufficiently persuasive to warrant a change  in  his
records.  We do not dispute the  circumstances  of  his  medical  condition;
however, it appears the applicant’s  medical  case  was  properly  evaluated
under the appropriate  Air  Force  regulations,  which  implement  the  law.
Other than his own assertions, the applicant has provided no  evidence  that
would lead us to believe the assessment of his  medical  condition  and  the
recommended compensable rating of 20 percent were  based  on  factors  other
than accepted medical principles.  Therefore, we find no basis to  recommend
granting the relief sought.

_________________________________________________________________




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  AFBCMR
Docket Number BC-2004-03460 in Executive Session on 19 January  2006,  under
the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Oct 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 20 Oct 05.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Oct 05.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair