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AF | BCMR | CY2006 | BC-2006-00971
Original file (BC-2006-00971.doc) Auto-classification: Denied


                            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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