RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00757
            INDEX NUMBER:  145.00
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 JUL 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  records  be  corrected  to  show  he  was  disability  discharged  with
severance pay rather than retired and transferred  on  the  Reserve  Retired
List on 1 November 2003, awaiting retired pay at age 60.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His back injury should have been classified as in the  line  of  duty  (LOD)
and he should have been medically discharged with severance pay.

In support of his request, the applicant submits excerpts from  his  Medical
Records and a Department of Veterans Affairs (DVA) Rating Decision.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  on  25 February  1981,  was
progressively promoted to  the  grade  of  staff  sergeant  and  voluntarily
separated on 31 January 1993.  He  entered  the  Reserves  on  29  September
1994.   On  12 September  2003,   he   was   notified   by   memorandum   of
administrative discharge,  due  to  physical  disqualification  and  of  his
option to elect early retirement.

He acknowledged receipt on 24 September 2003, and submitted  an  application
for transfer to the Retired Reserve.  On 1 November 2003,  he  was  relieved
from his assignment and placed on  the  Reserve  Retired  List.   By  rating
decision dated  25 March  2003,  the  DVA  granted  service  connection  for
herniated disc L5-S1 with chronic lumbar strain rated 20  percent  effective
15 October 2002.  He also received service  connection  for  right  shoulder
condition (incurred during his first period of active duty)  rated  at  zero
percent.   A  DVA  rating  decision  dated  30 June  2005,   continued   the
20 percent rating for his back.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFRC/SGP recommends the  applicant  be  returned  to  active  duty  for  the
purpose  of  undergoing  disability  processing  through   the   Air   Force
Disability Evaluation System.   Review  of  documentation  provided  by  the
applicant substantiates the fact he did have an injury to his back while  on
active duty prior to joining the Reserves.  His symptoms began as  early  as
December 1986.  At that time he was treated for lower back pain  with  right
sided radiculopathy.  He experience multiple  episodes of  lower  back  pain
from 1986 though 1991, while on active duty.  An MRI  of  the  lumbar  spine
dated 2 October 2002, confirms a broad based central tight paracentral  disc
herniation at the probable L5-S1 with severe degenerative  disease  at  that
level, indicating a long standing problem.

The AFRC/SGP evaluation is at Exhibit C.

The BCMR Medical Consultant is of the opinion that an  error  in  processing
the LOD determination occurred, but  changing  the  records  may  result  in
substituting mutually exclusive benefits.  The  applicant’s  back  condition
was incurred or permanently aggravated while on  extended  active  duty  and
warranted a  20 percent  disability  rating  that  would  have  resulted  in
disability discharge with severance pay.

The BCMR Medical Consultant’s evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

He would like to have his records changed to  show  a  disability  discharge
with  20  percent  severance  pay  and  is  willing  to  forfeit/forgo   his
eligibility for Reserve retirement and the dollar-for-dollar offset  to  the
DVA Disability Compensation.

The applicant’s complete response is at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice with regard to  the  applicant’s  separation
from active duty.  We note the BCMR Medical Consultant’s  opinion  that  the
evidence of  record  supports  the  applicant’s  contention  that  his  back
condition was erroneously determined to be non-duty  related  based  on  the
June 1999 motor vehicle accident.  The  preponderance  of  the  evidence  is
sufficient  to  indicate  an  error  in  the  LOD  determination  that   the
applicant’s back condition was incurred  or  permanently  aggravated  during
his first period of active duty service from 1982 to 1993.  In deference  to
the comments of the BCMR Medical Consultant, we  recommend  his  records  be
corrected to show he was injured in LOD and was disability  discharged  with
a  20 percent  rating  with  severance  pay.   The  Board  also  notes   the
applicant’s willingness to forgo Reserve Retirement in  favor  of  severance
pay with the understanding that he forfeits all claims to future  retirement
pay upon reaching age 60.  Accordingly, we recommend  that  his  records  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:

            a. On 31 October 2003, he was found unfit to perform the  duties
of his office, rank, grade, or rating  by  reason  of  physical  disability,
incurred while he was entitled to receive basic pay; that the  diagnosis  in
his  case  was  herniated   disc   L5-S1   with   (chronic   lumbar   strain
intervertebral disc syndrome) VASRD  code  5243,  rated  at  20%;  that  the
compensable  percentage  was  20%;  that  the  degree  of   impairment   was
permanent; that the disability was not  due  to  intentional  misconduct  or
willful neglect; that the disability was not incurred  during  a  period  of
unauthorized absence; that the disability was received in the line of  duty;
and that the disability was not a direct result of armed conflict or  caused
by an instrumentality of war.

            b. He was not relieved from assignment, assigned to the  Retired
Reserve Section, and his name was not placed on  the  USAF  Reserve  Retired
List on 1 November 2003, but on that date, he was discharged  by  reason  of
physical with entitlement to severance pay, with a  20%  disability  rating,
under the provisions of Title 10, USC, 1203 and AFI 36-3212.

_________________________________________________________________

The following members of the Board considered this application  in Executive
Session on 20 August 2006, under the provisions of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
            Ms. Mary C. Puckett, Member
            Mr. Joseph D. Yount, Member


All members voted to correct the  record,  as  recommended.   The  following
documentary evidence was considered for AFBCMR Docket Number BC-2005-00757:

      Exhibit A.  DD Form 149, dated 24 Feb 05, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFRC/SGP, dated 12 May 05.
      Exhibit D.  Letter, BCMR Medical Consultant, dated 21 Jun 06.
      Exhibit E.  Letter, AFBCMR, dated 28 Jun 96, w/atchs.
      Exhibit F.  Letter, Applicant, dated 5 Jul 06.




               MICHAEL K. GALLOGLY
               Panel Chair