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AF | BCMR | CY2006 | BC-2005-00876
Original file (BC-2005-00876.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00876
            INDEX CODE:  108.00, 124.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 SEP 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    Her records be changed to reflect permanent disability retirement.

2.    The AF  Forms  356,  Findings  and  Recommended  Disposition  of  USAF
Physical Evaluation Board (PEB) be corrected to reflect the same ailments.

3.    The term “African” be removed from her medical records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She would like the term African stricken from all references made to her  in
her medical records.  She is an  American  and  has  no  allegiance  to  any
country other than the United States of America.

In regard to the AF Forms 356, applicant states one AF  form  356  indicates
four ailments and the other 15 - they should read the same.  The  Department
of Veterans Affairs - VA Form 21-526 lists all 18 of  her  actual  ailments.
A torn medical meniscus is not listed on either form and she  was  diagnosed
with this ailment on 1 April 2002.  She would like the medication  that  she
takes to be accurately accounted for and would like to have  the  knee  pain
and diabetes statements removed from page two of the AF  Form  356  dated  5
November 2004.  She further states fibromyalgia is not her only ailment  and
does not understand how the military wants to isolate that one  debilitating
condition and use it to force her to quit or be  discharged  with  severance
pay.  She also asks that the inference of her having  hemoglobin  C  disease
and homozygosis (CC) because she is of  African  descent  be  removed.   She
also states there is no mention in her medical records of the motor  vehicle
accident she was involved in during Operation Desert  Storm.   She  received
contusions, bruises, lower back bruising, shoulder pain  and  bruising,  and
there was a concern about the  seventh  column  of  her  spinal  area.   She
remained in the hospital over night and was informed to see  a  doctor  when
she returned home in mid-May if problems persisted.

In support of her request, applicant provides documents extracted  from  her
military personnel and medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air Force Reserves in 1982.  She served  22  years
and 24 days of satisfactory service to  include  4  years  and  24  days  on
active duty.

At the time of the applicant’s enlistment medical examination  on  3  August
1982, she self-reported  her  race  as  “NEG.”   On  a  DD  Form  1966,  the
applicant checked her population  group  as  black.   Her  personnel  record
(SURF) lists her race as “Black/African American.”

An AF Form 348, Line of Duty Determination, dated 16  January  2003,  states
the applicant was called to active duty and deployed to A1 Jaber  Air  Base,
Kuwait and Bagram AAF, Afghanistan in support of Operation Enduring  Freedom
from 2 April 2002 through 14 July 2002.  During  that  time  she  lived  and
worked for approximately two months at Bagram AAF,  in  an  extremely  harsh
and dusty environment under poor sanitary conditions.  At  the  end  of  the
deployment the applicant began to experience  prolonged  nausea  accompanied
by vomiting, diarrhea and stomach cramps.  The illness impacted her  ability
to perform her duties effectively.  On 11 July she reported to sick call  at
the medical clinic at A1 Jaber Kuwait.  The preliminary diagnosis  was  food
poisoning even though she told them that she had not eaten  anything  for  a
couple of days.  Immediately upon  her  return  to  the  United  States  her
symptoms intensified and became more frequent.  On 22 July she was  seen  by
the Navy medical personnel at Belle Chasse Naval Air Station,  New  Orleans,
LA.  The clinic prescribed medication but failed to  diagnose  any  illness.
Unable to receive the necessary help or attention from  the  naval  facility
she was sent to Keesler AFB.

An AF Form 618, Medical  Board  Report,  dated  23  June  2004,  states  the
applicant was diagnosed with  hemoglobin  C,  left  leg/knee  pain,  nausea,
vomiting   and   cramps,   excess   flatulence,   diarrhea   and   vomiting,
hypertension, esophageal reflux,  non-alcoholic  steatohepatitis,  resection
of leiomyoma and appendectomy,  iron  deficiency  anemia,  impaired  fasting
glucose, history of  thyroid  dysfunction  (possible  hypothyroidism  during
childhood),  fibromyalgia,  abnormal  serum  liver   enzymes,   history   of
increased creatinine kinase,  and  Axis  I:  somatization,  Axis  II:  mixed
cluster B personality traits, and Axis III: GI  complaints.   The  case  was
referred to the PEB.

AF Form 356, Findings and Recommended Disposition of  USAF  Formal  Physical
Evaluation Board (FPEB), dated 5 November 2004, indicates the applicant  was
diagnosed with Category 1 - Unfitting conditions which are  compensable  and
ratable:  fibromyalgia; Category II - Conditions that can be  unfitting  but
are not currently compensable or ratable:  1. homozygosis (CC) hemoglobin  C
disease,   associated   with   nausea,   vomiting,   cramps,   non-alcoholic
steatophepatitis,  iron  anemia,  and  left   lower   extremity   pain;   2.
Hypertension; and 3. Left knee pain.  Category III - Conditions that can  be
unfitting but are not currently - overweight.  Additional findings  indicate
the applicant was unfit because of physical disability  with  a  compensable
percentage rate of 20 percent.  On 8 November 2004, the  applicant  did  not
agree with the findings of the recommended disposition  of  the  formal  PEB
hearing and desired to submit a rebuttal.

On 30 December 2004, the  Secretary  of  the  Air  Force  Personnel  Council
(SAF/PC)  determined  the  applicant  was  physically  unfit  for  continued
military service and directed he be discharged  and  receive  severance  pay
with a disability rating of 20 percent under the  provisions  of  Title  10,
United States Code (USC), Section 1203.

On 27 January 2005, the  applicant  was  retired  in  the  grade  of  master
sergeant under the provisions of AFI 36-3208  -  USAFR  Member  Released  to
Retire.

Reserve Order EK-2915, dated 8  February  2005,  states  the  applicant  was
assigned to  the  Retired  Reserve  effective  28 January  2005,  under  the
provisions of AFI 36-3209, Chapter 5 - Physically  Disqualified  for  Active
Duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant indicates a review of  the  medical  record  and
the documents produced by the PEBs show minor documentary  errors  or  minor
variations in listing diagnosis (knee pain instead of small  meniscus  tear)
and do not manifest  an  error  or  injustice  or  result  in  altering  the
determination of unfit with a rating of  20  percent.   The  applicant  also
requests removal of the term “African American”  from  her  medical  records
and states that she is an American  without  any  specific  ethnic  root  or
allegiance.  The case file contains a memo by the  applicant  in  which  she
reports that her heritage is Native American, French, Spanish, and  Irish  -
not African American.  At time of her enlistment medical  examination  on  3
August 1982, the applicant self reported her race as  “NEG.”   In  block  7,
population group, on her application  for  enlistment,  DD  Form  1966,  the
applicant checked her population group  as  black  and  did  not  check  the
blocks for “Am Indian,” White,” “Asian,” or “Other.”  Her  personnel  record
(SURF) lists her race as “Black/African  American.”   For  decades,  it  has
been standard practice in medical documentation  and  professional  clinical
communication (physician to physician) to note the  race  or  ethnicity  and
gender of the patient at the very beginning of the medical  history  because
of disease risk, incidence patterns, and treatment responses that varied  by
race, ethnicity and gender.  It is noted that the applicant  has  hemoglobin
C trait, a genetic  defect  of  hemoglobin  originating  from  West  African
populations.  Although she objects to the use in  her  medical  record,  the
references to race in the applicant’s medical records  are  consistent  with
accepted standards of medical documentation used in all patients.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 May 2006, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant 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 timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however, we  are  not
persuaded  that  her  request  for  a  permanent  disability  retirement  is
warranted.  Evidence has not been presented which would lead us  to  believe
that during her Disability Evaluation  System  processing,  she  was  denied
rights to which she was  entitled,  the  appropriate  regulations  were  not
followed or that the appropriate standards were not applied.  In  regard  to
the AF Forms 356 being inconsistent, we note that there  are  variations  in
listing diagnosis; however, in light of the Air  Force's  determination  and
after completion of each medical evaluation, processing of  her  case  would
have resulted with the same outcome, unfit with  a  rating  of  20  percent.
Therefore, we do not believe she has been the victim of an  injustice.   Her
contentions regarding the term “African” removed from her records  are  duly
noted; however, it is the Board’s opinion that the comments provided by  the
BCMR Medical Consultant adequately address  her  concerns.   Therefore,  the
Board is in agreement with the comments and recommendation  of  the  Medical
Consultant and adopt his rationale as the basis for the  determination  that
the applicant has not been the victim of either an error or  injustice.   In
view of the above and in the absence of evidence to the contrary, the  Board
finds no compelling basis upon which to recommend favorable action  on  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2005-
00876 in Executive Session on 26 July 2006, under the provisions of AFI  36-
2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Ms. Renee M. Collier, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 Mar 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 24 May 06.
   Exhibit D.  Letter, SAF/MRBR, dated 26 May 06.




                 JAY H. JORDAN
                 Panel Chair


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