RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03792
            INDEX CODE:  108.01
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 13 JUNE 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a medical retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force Informal Physical Evaluation  Board  disapproved  his  medical
retirement for an injury incurred  while  serving  in  Iraq  in  support  of
Operation Iraqi Freedom.  He was a Reservist with 22 years of  service.   He
is entitled to a medical  retirement  for  the  injury  he  sustained  while
deployed to Iraq.

In support of his request, applicant provides a personal statement,  a  copy
of his Special Mission Travel Order for participation in Operation  Enduring
Freedom or Iraqi  Freedom,  and  copies  of  service  and  civilian  medical
records.  The applicant’s submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 7 July 2003, the applicant, a  member  of  the  Air  Force  Reserve,  was
released from active duty  in  Support  of  Operation  Noble  Eagle/Enduring
Freedom/Iraqi Freedom due to demobilization.  During this period  he  served
as a Radio Communication Systems Craftsman.

On 30 August 2004, based on the applicant’s history of cervical  (C5-7)  and
Lumbar (L4-5) fusions and  continued  headaches  and  numbness  in  fingers,
while deployed in support of Operation Enduring Freedom  and  Iraqi  Freedom
from 9 July 2003 to 5 September  2003,  a  Medical  Evaluation  Board  (MEB)
convened to consider his case.  The MEB rendered a diagnosis  of  profoundly
restricted cervical  spine  ROM  secondary  to  fusion  C3-7  with  residual
musculo-skeletal  pain  in  neck  and  trapezius.   On  1 October  2004,  an
Informal Physical Evaluation  Board  was  convened  to  consider  his  case.
Under Category I, the board  found  the  applicant  possessed  no  unfitting
conditions  which  were  compensable  and  ratable.    Under   Category   II
(conditions that could be unfitting but were not  currently  compensable  or
ratable, the board rendered a diagnosis of “Neck pain status post fusion C3-
7, EPTS, without service aggravation.”  The board found  the  applicant  was
unfit because of a disability not incurred while entitled to  receive  basic
pay.  The board recommended he be discharged under other  than  Chapter  61,
Title 10 with a disability rating of 20 percent.  On 27  October  2004,  the
applicant agreed with the findings  and  recommendations  of  the  IPEB  and
waived his right to a formal hearing.  Under the  provisions  of  Title  10,
United States Code, Section 12731, the applicant  was  entitled  to  retired
pay at age 60.

On 12 November 2004, the applicant submitted  his  request  for  retirement.
Effective 28 November 2004,  the  applicant  was  assigned  to  the  Retired
Reserve Section Awaiting Pay at age 60 (15 September 2017).  His  assignment
to the Retired Reserve Section was in the grade of grade of master  sergeant
with a date of rank of 1 May 2003.   He  was  credited  with  21  years,  10
months and 26 days 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.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant opines that the preponderance  of  the  evidence
of record indicates the active military service while deployed for a  period
of more than 30  days  permanently  aggravated  the  applicant’s  neck  pain
status  post  fusion  C3-7,  and  records  should  be  changed  to  show   a
recommendation for  disability  discharge  with  severance  pay.   The  BCMR
Medical Consultant advises that the IPEB properly rated the  cervical  spine
under VA Schedule for Rating  Disabilities  (VASRD)  code  5241  for  spinal
fusion.  The evidence of record shows minimal disability  at  the  time  the
applicant  deployed  even  though  he  had  significant  degenerative  spine
disease that existed prior to service.  The BCMR Medical Consultant  advises
the DVA has rated his neck condition under the code for intervertebral  disc
syndrome with the same 20 percent rating.   The  BCMR  Medical  Consultant’s
evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 December 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 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  to  warrant  approval  of  the  applicant’s
request for a medical retirement.  After a thorough review of  the  evidence
of record and the applicant’s submission, we  are  not  persuaded  that  his
medical condition at the time of his release from active duty  was  of  such
severity to warrant  retirement  by  reason  of  physical  disability.   His
contentions are duly  noted;  however,  we  do  not  find  these  assertions
sufficiently persuasive to recommend favorable action.

4.  While we determined that the applicant is not entitled to  a  disability
retirement, sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice warranting a correction  to  his  record
to show a  recommendation  for  disability  discharge  with  severance  pay.
After reviewing the evidence of record, the BCMR Medical  Consultant  opines
that the preponderance of  the  evidence  of  record  indicate  that  active
military  service  while  deployed  for  a  period  of  more  than  30  days
permanently aggravated the applicant’s neck pain status  post  fusion  C3-7.
Having seen no evidence that would lead us to believe the  contrary  is  the
case, we agree  with  the  BCMR  Medical  Consultant  that  the  applicant’s
condition was permanently aggravated by  service  and  was  recommended  for
discharge  with  severance  pay  at  a  disability  rating  of  20  percent.
Therefore, we  believe  his  records  should  be  corrected  to  the  extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 28 November 2004,  his  name  was
not placed on the Retired Reserve List, but on that date it  was  determined
that his disabling condition (Neck pain status post fusion C3-7, VASRD  Code
5241) was permanently aggravated by service rated at 20 percent  and  he  be
given the option of being discharged with severance pay.

_________________________________________________________________

The following members  of  the  Board  considered  this  application  AFBCMR
Docket Number 04-03792 in Executive Session on 31 January  2006,  under  the
provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Charlie E. Williams Jr, Member
                 Mr. Vance E. Lineberger, Member

All members voted to correct  the  record  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 15 Dec 05.
    Exhibit F.  Letter, SAF/MRBR, dated 19 Dec 05.




                                   CHARLENE M. BRADLEY
                                   Panel Chair
AFBCMR BC-2004-03792




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the  Department  of  the  Air  Force
relating to XXXXXXXXXX, be corrected to show that on 28 November  2004,  his
name was not placed on the Retired Reserve List, but on  that  date  it  was
determined that his disabling condition (Neck pain status post fusion  C3-7,
VASRD Code 5241) was permanently aggravated by service rated at  20  percent
and he be given the option of being discharged with severance pay.






         JOE G. LINEBERGER

         Director

         Air Force Review Boards Agency