RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00971
INDEX CODE: 124.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 SEP 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her burn injuries to her upper and lower back be reflected on the AF Form
356, Findings and Recommended Disposition of USAF Information Physical
Evaluation Board (IPEB), dated 15 July 2004.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Injuries and burns she sustained to her upper and lower back were never
documented in her service medical records before she retired.
In support of her request, the applicant provided a personal statement and
documents extracted from her military personnel record.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 23 August 1995 in the grade of airman
basic. She was progressively promoted to the grade of staff sergeant
effective 1 November 2001. She served as a personnel journeyman.
A Medical Evaluation Board (MEB) convened on 10 June 2004 and referred her
case to an Informal Physical Evaluation Board (IPEB) with diagnoses of
ameloblastoma right mandible resection, wound infection and failed
reconstruction twice, persistent orocutaneous fistula, bilateral lower leg
impairment and pain secondary to tibia resection. On 15 July 2004, the
IPEB found the applicant unfit because of physical disability and
recommended temporary retirement with a disability rating of 40%. On 4
August 2004, the applicant agreed with the findings and recommended
disposition of the IPEB.
On 25 October 2004, the applicant was released from active service and on
26 October 2004, placed on the Temporary Disability Retired List (TDRL)
with diagnoses of ameloblastoma right mandible status post failed bone
graft times two associated with persistent orocutaneous fistula and
bilateral tibial pain secondary to bone graft harvest with a disability
rating of 40%.
Her case was referred to an Informal Physical Evaluation Board (IPEB) with
the inclusion of photographs and medical documentation provided by the
applicant of the burn injuries to her back. On 2 August 2006, the IPEB
recommended she be discharged with severance pay with a 20% disability
rating. The FPEB opined the scars did not make the member unfit for
military service and were not compensable. The applicant disagreed with
the findings and recommended disposition of the IPEB and requested a formal
PEB (FPEB). On 14 September 2006, the FPEB found her unfit for further
military service based on a compensable diagnosis of mandible status post
excision, bone graft times two; minimal ability to masticate. The FPEB
further recommended that she be permanently retired with a disability
rating of 30%. She agreed with the findings and recommended disposition of
the FPEB. On 15 October 2006, the applicant was removed from the TDRL and
permanently retired with a disability rating of 30%. She served 9 years, 2
months, and 3 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states Section 1210, Chapter 61, Title
10 U.S.C., requires a TDRL member to be reexamined at least once every 18
months to determine if there has been a change in the condition for which
they were retired. The applicant’s reexamination was in August 2006 and
referred to the IPEB. The photographs and medical input the applicant
provided of the burn injuries to her upper and lower back were included in
the medical board package reviewed by the IPEB. The case was referred to
the FPEB. Due to medical advice not to travel her formal board was held in
absentia. On 14 September 2006, the FPEB recommended permanent disability
retirement with a disability rating of 30%. The FPEB noted that the
applicant no longer had oral cutaneous fistula and was able to chew with
remaining teeth, although minimally, and would require follow-up every six
to twelve months in the oral maxillofacial department for any possible
recurrence of disease. The applicant was now able to walk without weakness
or severe pain. Based on this, the FPEB found the tibial pain was not in
and of itself unfitting and thus, not ratable. The applicant concurred
with the findings.
The DPPD complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states she sustained burns to her
lower and upper back while in the care of the operating team at Wilford
Hall. No one knows how it happened. Prior to entering the service and
prior to having surgery there were no scars on her back. The scars are
documented in her hospital record; however, not in her medical board
documentation. She was informed that it was not affecting her Air Force
job therefore, not compensable. She feels that someone should be held
accountable for the burns and scars.
Applicant’s complete response is at Exhibit E.
_________________________________________________________________
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 an injustice. After reviewing the evidence of
record, we find no evidence of an error in the applicant’s case, and are
not persuaded by her assertions that an injustice exists which would
require correction to her military records. The applicant requests burn
injuries she received be documented in her medical records for
consideration during her disability evaluation proceedings. We note that
subsequent to her application for correction of her records she provided
documentation pertaining to the burns to the IPEB staff. The IPEB
considered the documentation provided and determined the injuries were not
unfitting and therefore, not compensable. Her case was subsequently
referred to the FPEB who concurred with the IPEB assessment. Accordingly,
finding no error or injustice with respect to her disability evaluation
system processing, we agree with the opinion and recommendation of the Air
Force and adopt their rationale as basis for our conclusion that corrective
action is not warranted in this case. `1In view of the above, we find no
compelling basis to recommend granting the relief sought.
_________________________________________________________________
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-2006-
00971 in Executive Session on 5 December 2006, under the provisions of AFI
36-2603:
Mr. Michael V. Barbino, Panel Chair
Ms. Renee M. Collier, Member
Ms. Glenda H. Scheiner, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2005-03760 was considered:
Exhibit A. DD Form 149, dated 23 Mar 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 25 Sep 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 Oct 06.
Exhibit E. Letter, Applicant, dated 28 Oct 06.
MICHAEL V. BARBINO
Panel Chair
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