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AF | BCMR | CY2006 | BC-2005-00286
Original file (BC-2005-00286.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00286
            INDEX CODE: 108.01, 110.02
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  27 Jul 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  voluntary  separation  on  1 Jul  96  be  changed  to  a  medical
retirement for multiple sclerosis (MS).

_________________________________________________________________

APPLICANT CONTENDS THAT:

While in the military, she suffered from back problems,  fatigue,  and
depression--all symptoms of MS.  She was diagnosed  with  the  disease
five months after her  separation.   She  has  spent  the  past  years
obtaining a 100% disability rating from  the  Department  of  Veterans
Affairs (DVA) and Social Security disability benefits.

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

_________________________________________________________________

STATEMENT OF FACTS:

Detailed medical facts pertaining to this application, extracted  from
the applicant’s military and medical records (Exhibits A and  B),  are
contained in the AFBCMR Medical Consultant’s evaluation at Exhibit C.

The applicant enlisted in the Regular Air Force  on  15 Dec  89.   She
served primarily as a personnel specialist/journeyman.   Her  Enlisted
Performance Reports (EPRs) all reflect the highest overall  rating  of
“5.”

The applicant sought care for acute low back pain on  28 Jan  91,  the
day after returning  from  a  hiking/camping  trip  during  which  she
carried a 30-40 pound pack.  She was hospitalized for bed  rest.   She
experienced recurrent low back pain related to childbirth in 1992  and
again in late 1993 while pregnant.  A physical therapy  evaluation  in
Oct 93 documented absence of discomfort radiating to the legs and,  on
exam, localized the discomfort to the sacroiliac joint.

On 1 Jun 95, the applicant applied for  separation  under  the  Fiscal
Year 1995/1996 (FY95/96) Limited Active Duty Service Commitment (ADSC)
Waiver Program.  Her request  was  approved  with  a  separation  date
effective 3 Sep 96.

In the fall of  1995,  the  applicant  was  treated  for  symptoms  of
depression associated with marital discord and the stress of being  on
the Weight Management Program.

On 4 Oct 95,  the  applicant  requested,  and  was  approved  for,  an
accelerated separation date of 1 Jul 96.  Her stated reason  was  that
she wanted to relocate her family to Michigan prior  to  her  and  her
husband’s entry into college.  She indicated that, with  her  terminal
leave, the earlier date would allow them to enter the  summer  session
beginning the end of May 96.

By 24 Jan  96,  following  treatment  of  individual/co-joint  marital
counseling as well as an  anti-depression  medication,  the  applicant
reported  feeling  better  and  able  to  deal  with  stressors   more
effectively.

In Jan 96, the applicant reported experiencing mild low back pain with
prolonged standing or walking.   In  Feb  96,  she  presented  to  the
primary care clinic with acute low back pain without radiation and was
referred for treatment in the chiropractic  clinic.   Improvement  was
documented by 9 Feb 96.

On 16 Feb 96, timed with contemplated terminal leave  to  commence  in
May,  a  separation  physical  exam  found   the   applicant   normal.
Chiropractic  medical  entries  by   mid-Mar   96   indicated   slight
discomfort.  A clinic visit on  15 Apr  96  for  prescription  refills
recorded that the applicant had no  complaints  and  other  than  this
refill request for Prozac, there are no further entries in the service
medical record for depression.  On 29 Apr 96, the  applicant  reported
feeling good with no back pain; the physical exam was  normal.   There
are no further service medical record entries for back pain.

On 1 Jul 96, after 6 years, 6 months, and 17 days of  active  service,
the applicant was honorably discharged in the grade of  senior  airman
for Miscellaneous/General Reasons.

In Dec 96, the applicant experienced  an  abrupt  24  hours  onset  of
cold/tingly/numb sensation of the left leg, left side  of  the  trunk,
and left arm.  The suspected diagnosis  of  MS  was  confirmed  a  few
months later  with  recurrent  symptoms  meeting  accepted  diagnostic
criteria.  The DVA granted service connection for  MS  on  20 Feb  98.
When combined with her other service-connected disability ratings, the
applicant is rated at 100% (30% for  MS).   She  has  received  Social
Security disability compensation since Oct 99.
_________________________________________________________________

AFBCMR MEDICAL CONSULTANT EVALUATION:

The AFBCMR Medical Consultant provides detailed comments regarding the
applicant’s  medical  condition/history,  discusses  the   differences
between the Air Force Disability Evaluation System (DES) and  the  DVA
system, and recommends the appeal be denied.  The evidence  of  record
clearly shows the applicant voluntarily separated and at the  time  of
her separation she manifested no condition to a degree that  warranted
evaluation in the DES.   The  DVA  may  presumptively  grant  service-
connected disability  compensation  for  conditions  manifested  to  a
compensable degree within one year of separation.   However,  this  is
not a reason to retroactively grant Air  Force  disability  retirement
benefits for a condition that did not manifest to an unfitting  degree
or that was even reasonably diagnosable while the applicant was in the
service prior to the date of separation.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 29 Mar 06 for review and comment within 30 days.   As  of
this date, this office has received no 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.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded her voluntary separation should  be  changed  to  a  medical
retirement for  MS.   The  applicant’s  contentions  are  duly  noted;
however, we do not  find  these  assertions,  in  and  by  themselves,
sufficiently persuasive to override the evidence  of  record  and  the
rationale provided by the AFBCMR Medical Consultant.  The  applicant’s
records clearly indicate she voluntarily requested separation and,  at
the time of her separation, she did not manifest a condition that  was
unfitting or even reasonably diagnosable during  her  active  service.
The applicant has not established to our satisfaction that she  should
have been processed through the Air Force  DES.   We  therefore  agree
with the recommendations of  the  Medical  Consultant  and  adopt  the
rationale expressed as the basis for our decision that  the  applicant
has not sustained her burden of having suffered either an error or  an
injustice.  In view of the above and absent persuasive evidence to the
contrary, we find no compelling 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  in
Executive Session on 11 May 2006 under the provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Donna Jonkoff, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-00286 was considered:

   Exhibit A.    DD Form 149, dated 17 Jan 05, w/atchs.
   Exhibit B.    Applicant's Master Personnel Records.
   Exhibit C.    Letter, AFBCMR Medical Consultant, dated 3 Jan 06.
   Exhibit D.    Letter, SAF/MRBR, dated 29 Mar 06.





                                   CHARLENE M. BRADLEY
                                   Panel Chair

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