RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01535
INDEX NUMBER: 108.00
XXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 Nov 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His disability retirement rating be increased from 60 percent to 100
percent.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Formal Physical Evaluation Board (FPEB) failed to consider his
lower back, heart, sleep disorder, and anxiety. This was due to the
lack of line of duty (LOD) determinations being submitted by the
medical unit where he was assigned.
In 2003 he had a unispacer done, his left knee replaced in 2004, his
right knee replaced in 2005, anxiety in 2002, heart issues in 2002,
and lower back issues in 2004.
In support of his appeal, applicant provides copies of medical
documentation to verify his diagnosis and treatment for the medical
issues raised.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
On 9 Mar 05, a formal physical evaluation board determined the
applicant had the unfitting condition of right and left knee
replacement. The applicant was also diagnosed with depression
associated with anxiety, degenerative disk disease lumbar spine, and
hypertension, which were not considered compensable or ratable at the
time. The applicant was also diagnosed with obesity, not ratable or
compensable. The board recommended the applicant be permanently
retired with a compensable rating of 60 percent. The applicant signed
AF Form 1180, “Action on Physical Evaluation Board Findings and
Recommended Disposition,” on 9 Mar 05 indicating his agreement with
the FPEB recommendation. The applicant was permanently disability
retired effective 27 Apr 05 with a compensable rating of 60 percent in
the grade of staff sergeant (SSgt) with a total of 9 years, 5 months,
and 5 days of active service, and 23 years, 9 months 16 days of
service for base pay. Additional facts relevant to the applicant’s
case are contained in the evaluation prepared by the BCMR Medical
Consultant at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. The applicant was permanently disability retired due to
bilateral knee conditions permanently aggravated in the line of duty
while on active duty. The applicant’s other medical conditions were
not unfitting for continued military service and did not cut his
career short. Evidence in the medical documentation shows the
applicant’s chronic medical problems of hypertension, heart disease,
anxiety, lower back problems and sleep apnea existed prior to extended
active duty and did not become unfitting while on active duty. As a
result they are not compensable under the rules of the DoD Disability
Evaluation System. There is no evidence to support a higher rating at
the time of the applicant’s retirement.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
16 Jun 06 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the BCMR
Medical Consultant and adopt his rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
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 Docket Number BC-2005-
01535 in Executive Session on 25 July 2006, under the provisions of
AFI 36-2603:
Mr. James W. Russell, III, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Elwood C. Lewis, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Apr 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memo, BCMR Medical Consultant, dated 12 Jun 06.
Exhibit D. Letter, SAF/MRBR, dated 16 Jun 06.
JAMES W. RUSSELL, III
Panel Chair
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