RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01028
            INDEX CODE:  108.01
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 27 SEPTEMBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her honorable discharge be suspended  until  the  Medical  Evaluation  Board
(MEB) status is complete and she receive incapacitation  pay  and  back  pay
for the time she was unable to work.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was mobilized in April 2003 and was injured and then  deactivated  while
undergoing an MEB.  The MEB is incomplete since her  medical  care  was  not
completed.  She has been unable to work because of her injuries.

In support of her request, applicant provided a copy of  her  Reserve  Order
AN-002863, congressional correspondence and copies of  her  medical  records
with other associated documents.  The applicant’s complete submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Prior to the period of service under review,  the  applicant  served  as  an
enlisted member of the Regular Air Force from 7 February 1991 until 5  April
2000.  On 19 October 2001, applicant enlisted in the Air Force  Reserve  for
a period of 2 years.  On 9 April 2004, she was honorably discharged  in  the
grade of staff sergeant (E-5) for  expiration  term  of  service.   She  was
credited with 11 years 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 EVALUATIONS:

The ARPC/SG recommends denial.  ARPC/SG states that the  MEB  was  completed
through return to duty by the Secretary of the Air  Force.   If  the  member
needs further treatment for her condition which was found to be "In Line  of
Duty,” she is entitled  to  seek  care  either  at  any  military  treatment
facility or at the Veteran’s Administration Hospital.  ARPC/SG advises  that
since the MEB process has  been  completed,  the  applicant  should  not  be
reinstated to the active  Reserve  and  back-pay  is  not  applicable.   The
ARPC/SG complete evaluation is at Exhibit C.

The  BCMR  Medical  Consultant  recommends  a  change  of  records  to  show
disability discharge with severance pay  for  residuals  of  cervical  spine
surgery  following  an  appropriate  period  of  time  for  treatment  while
receiving incapacitation pay.   The  BCMR  Medical  Consultant  advises  the
applicant  was  continued  on  active  duty  status  for  care  and  fitness
evaluation  under  Partial  Mobilization  until  November   30,   2003   (as
recommended  by  her  neurosurgeon  to  complete  post-operative  care)  and
immediate transition to MPA status (active duty with full pay and  benefits)
through resolution of her fitness for  duty  determination  (found  fit  for
duty 6 January 2004, and released from MPA 31 January 2004) consistent  with
the applicable Air Force Reserve Instruction, Department of Defense and  Air
Force policy.  The  applicant  was  formally  evaluated  in  the  Disability
Evaluation System for her cervical spine disease and  received  a  permanent
disposition of return to duty and given an  assignment  limitation  code  at
the  discretion  of  Reserve  medical  authorities.   The  MEB  process  was
complete.  The BCMR Medical Consultant  advises  that  the  medical  records
clearly reflect completion of treatment (both  conservative,  pre-operative,
operative and post-operative care) and timely post-operative  follow-up  for
her cervical spine condition.  It was not  until  after  completion  of  the
disability evaluation for her cervical  spine  disease  and  proper  release
from active duty that the applicant complained of and was diagnosed  with  a
shoulder condition and later underwent surgery.  Prior to this  time,  there
was no documentation of a shoulder condition  that  warranted  retention  on
active duty for evaluation, treatment and consideration  in  the  Disability
Evaluation System.  The BCMR Medical Consultant opines that the evidence  of
the medical record indicates that the shoulder was not separately  unfitting
warranting  a  compensable   rating   following   surgery.    However,   the
preponderance of the evidence supports consideration for change  of  records
to show disability discharge with severance pay for  residuals  of  cervical
spine surgery following an appropriate period of time  for  treatment  while
receiving  incapacitation  pay.  The  BCMR  Medical  Consultant’s   complete
evaluation is at Exhibit D.

________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

A copy of the Air Force evaluation was sent to  the  applicant  on  26  June
2006 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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice warranting a correction to her record  to  show  a
recommendation for disability discharge with  severance  and  incapacitation
pay.  After reviewing the evidence of record, the  BCMR  Medical  Consultant
opines that the preponderance of the evidence of record indicates  that  her
right shoulder condition may have  been  duty  limiting  while  she  was  on
active duty but not properly recognized due to  the  severity  of  her  neck
condition and it was not until after the  recovery  from  her  neck  surgery
that the shoulder condition was diagnosed.  Having  seen  no  evidence  that
would lead us to believe to the contrary, we agree  with  the  BCMR  Medical
Consultant that the applicant’s residuals of cervical spine  disease  status
post surgery was unfitting for military service at the time of the  original
disability evaluation and  remained  unfitting  for  military  service.   In
addition, since the applicant continued to receive  medical  care  beyond  9
April 2004 with a good outcome documented by service medical records  ending
April 2005, we believe  she  should  receive  incapacitation  pay  for  this
period of time.  Therefore, we recommend her records  be  corrected  to  the
extent indicated below.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

_________________________________________________________________









THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

      a.  She was not honorably discharged from the Air Force Reserve  on  9
April 2004, but continued to serve in the Selected Reserve.

       b.  Competent  authority  approved  incapacitation  pay  effective  1
February 2004 to 8 April 2005.

      c.  On 9 April 2005, she was found unfit to perform the duties of  her
office, rank, grade, or rating by reason of  physical  disability,  incurred
while she was entitled to receive basic pay; that the diagnosis in her  case
bilateral C6-C7, C5-C6 radiculopathy DVA  diagnostic  code  5243,  rated  at
10%; that the disability was not due to intentional  misconduct  or  willful
neglect;  that  the  disability  was  not  incurred  during  a   period   of
unauthorized absence; and that the disability was received in  the  line  of
duty and not  as  a  direct  result  of  armed  conflict  or  caused  by  an
instrumentality of war.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-01028
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

All members voted to correct  the  record  as  recommended.   The  following
documentary  evidence  pertaining  to  Docket   Number   BC-2005-01028   was
considered:

    Exhibit A.  DD Form 149, dated 16 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/SG, dated 8 Apr 05.
    Exhibit D.  Letter, BCMR Medical Consultant, dated 22 Jun 06.
    Exhibit E.  Letter, SAF/MRBC, dated 26 Jun 06.




                                   JAY H. JORDAN
                                   Panel Chair
AFBCMR BC-2005-01028




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 xxxxxxxxxxxxxxx, be corrected to show that:

            a.  She was not honorably discharged from the Air Force Reserve
on 9 April 2004, but continued to serve in the Selected Reserve.

            b.  Competent authority approved incapacitation pay effective 1
February 2004 to 8 April 2005.

            c.  On 9 April 2005, she was found unfit to perform the duties
of her office, rank, grade, or rating by reason of physical disability,
incurred while she was entitled to receive basic pay; that the diagnosis in
her case bilateral C6-C7, C5-C6 radiculopathy DVA diagnostic code 5243,
rated at 10%; that the disability was not due to intentional misconduct or
willful neglect; that the disability was not incurred during a period of
unauthorized absence; and that the disability was received in the line of
duty and not as a direct result of armed conflict or caused by an
instrumentality of war.





       JOE G. LINEBERGER

       Director

       Air Force Review Boards Agency