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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