RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02223
INDEX CODE: 108.00
XXXXXXX COUNSEL: DAKOTA COUNTY VSO
HEARING DESIRED: NOT
INDICATED
MANDATORY CASE COMPLETION DATE: 16 January 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
Her uncharacterized separation be changed to a disability discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her medical conditions, i.e., tendonitis, bursitis, and stress fractures,
are directly related to her military service.
In support of the appeal, applicant submits a 28 June 2005 Department of
Veterans Affairs (DVA) rating decision, extracts from her service medical
records, and a statement from a civilian physician.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 7 January 2003, for a period
of four years. On 2 May 2003, she was diagnosed with Patellofemoral Pain
Syndrome, which was determined to have existed prior to service and not
aggravated by service. On 12 May 2003, she was notified of the commander’s
intent to recommend her entry level separation for erroneous enlistment.
After being advised of her right to consult with military counsel and
submit statements in her behalf, she waived her right to do so. The
proposed discharge action was found legally sufficient and the discharge
authority approved her separation. On 16 May 2003, she received an
uncharacterized entry level separation for erroneous entry (other). She
completed 4 months and 10 days of active service.
The DVA denied her requests for service-connected disability compensation
for Patellofemoral Pain Syndrom of both knees. However, on 28 June 2005,
the DVA awarded her a combined compensable disability rating of 20%, upon
appeal.
________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant is of the opinion that no change in the records
is warranted and states, in part, that applicant’s condition existed prior
to service and there is no indication her condition was permanently
aggravated by service. A determination of permanent service aggravation
making her condition ratable and compensable would have resulted in
disability severance pay which would be offset dollar-for-dollar from her
DVA disability pay, offering no monetary benefit.
The fact that her condition later worsened and was rated by the DVA as
compensable does not support that she should have been medically
discharged. The military Disability Evaluation System (DES) is established
to maintain a fit and vital force and can compensate for unfitting
conditions which render a member unable to perform their military duties,
and then only to the degree of severity at the time of separation.
Although the Air Force is required to rate disabilities in accordance with
the DVA Schedule for Rating Disabilities, the DVA operates under a totally
separate system with a different statutory basis. The DVA rates for any
and all service-connected conditions, to the degree they interfere with
future employability, without consideration of fitness. Whereas, the Air
Force rates a member's disability based on the degree of severity at the
time of separation.
The BCME Medical Consultant’s evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 18
August 2006, for review and comment, within 30 days. However, as of this
date, no response has been received by this office.
________________________________________________________________
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-2005-02223
in Executive Session on 27 September 2006, under the provisions of AFI 36-
2603:
Ms. Marilyn Thomas, Vice Chair
Mr. John E. B. Smith, Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Aug 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memo, BCMR Medical Consultant, dated 15 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 18 Aug 06.
MARILYN THOMAS
Vice Chair
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