RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01017

            COUNSEL: NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: 6 OCTOBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect:

      a.    He received a disability rating of 40 percent  at  the  time  of
his retirement.

      b.    A percentage of his retired pay be designated as nontaxable  due
to a disability upon retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The evidence he submitted supports that he was 40 percent  disabled  at  the
time of his retirement.

In support of his application, applicant submits medical  records,  Standard
Form (SF) 88, Report of Medical Examination dated 14 January 1999,  Veterans
Administration (VA) letter dated 3 September 1999, with  attachment  and  DD
Form 214 with attachment.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 7 October 1977, the applicant enlisted in the Regular Air Force (RegAF).

The applicant throughout his military career reported and received care  for
multiple episodes of back pain.  The applicant’s medical records reflect  in
October 1979 he presented with costochondritis.
In August 1981 the applicant reported right arm pain,  with  no  history  of
trauma, and was diagnosed with musculoskeletal pain  and  was  treated  with
non-steroidal anti-inflammatory drugs (NSAIDs).

In December 1990,  the  applicant  sought  care  for  low  back  pain  (LBP)
radiating into his right  foot.   The  applicant  underwent  a  lumborsacral
spine plain film.  The radiologist read the film  and  reported  it  normal.
The applicant was treated with NSAIDs.

The applicant due to persisting pain  was  evaluated  by  an  orthopedic  in
January 1991.  The diagnosis was  normal  and  the  lumbosacral  spine  film
showed possible spondylolysis of  the  L5-S1  without  spondylosisthesis.  A
bone scan was negative.  He was treated with  physical  therapy  in  January
1991 and again in April 1991.  A history was obtained  of  a  pre-enlistment
motor vehicle accident in 1976 in which he was treated with bed rest.

In October 1992, the applicant presented with LBP after lifting a  tire,  he
was treated with NSAIDs.

On 1 January 1994, the applicant fell while  sledding,  resulting  in  right
shoulder pain, neck pain and left wrist/hand ulnar side  numbness.   He  was
placed in splint.  The applicant was seen by orthopedics and  the  following
was documented decreased right shoulder range of motion and equivocal  motor
weakness of left hand intrinsic muscles.  An X-ray was accomplished  and  it
reflected a right acromioclavicular separation, Grade 1.  A  cervical  x-ray
was completed and read as normal.

On 21 January 1994, a follow-up exam presented numbness  of  the  left  ring
and little finger and a brachial plexopathy was suspected; a U3 profile  was
initiated restricting use of his right arm.

On 26 January 1994 a  cervical  MRI  was  normal  but  a  9  February  1994,
electromyogram and nerve  conduction  study  was  consistent  with  brachial
plexopathy.

On 25 February 1994, the applicant had no numbness.  On 22 March  1992,  the
applicant’s exam was recorded as normal and he was re-profiled U1.

In March 1994, the applicant underwent a  physical  and  reported  LBP  with
exertion; self medication with aspirin with good results,  no  work  missed,
and the exam was recorded as normal.

On 25 April 1994, the applicant was seen by orthopedic and  neurology,  with
no symptoms and normal strength.

In April 1996, the applicant was evaluated for  right  elbow  pain;  he  was
diagnosed as olecranon bursitis and treated
conservatively.  In May 1996, the applicant complained of  right  epicondyle
pain and numbness of the left ring and  little  fingers;  a  history  of  an
additional job stacking newspapers was established by Occupational  Therapy,
who also determined possible Carpal Tunnel syndrome.  He was treated with  a
NSAID, right elbow pad and night wrist splints.  The applicant  reported  in
August  1996  that  his  symptoms  had  improved  and  was  discharged  from
occupational therapy.

In September 1997, the applicant was seen twice with right  elbow  pain,  he
had x-rays which showed calcification of triceps insertion, and was  treated
with an elbow pad and exercises.

In March 1998, the applicant reported right shoulder pain for two days.   X-
rays  showed  “degenerative  joint  disease  changes  involving  the   right
acromioclavicular joint, with slight joint  space  widening.   Naprosyn  and
ice were prescribed.

In June 1999, the applicant  complained  of  “deep  ache  flare  up  for  24
hours”,  without  decrease  in  strength  or  numbness.    Symmetric   upper
extremity strength and full range of motion were recorded, along with  right
shoulder crepitus.  He was diagnosed with  overuse  syndrome,  but  declined
physical therapy or orthopedic reevaluation.

During his 14 January 1999 retirement physical the applicant reported  “pain
and numbness right elbow down  to  fingertips  diagnosed  as  right  cubital
tunnel syndrome, May 1996, treated with brace, elbow pads,  exercises,  with
little relief of symptoms.  The exam was  recorded  as  normal  and  he  was
found to be fully qualified for continued duty.

The applicant was honorably retired on 1 November 1999.  He served 22  years
and 24 days of active duty service.

In April 1999, the applicant applied  for  a  service  connected  disability
compensation from the Department of Veterans Affairs  (DVA)  and  in  August
1999 he received a 40% disability rating.

____________________________________________________________

AIR FORCE EVALUATION:

The AFBCMR Medical Consultant is of  the  opinion  that  no  change  in  the
records is warranted.   He  further  states  a  review  of  the  applicant’s
medical records indicate he received care for a variety  of  musculoskeletal
problems throughout his career.  The  medical  records  or  his  performance
report did not reflect that these conditions rendered  the  applicant  unfit
to perform the duties of his rank, rating, office  or  grade  and  warranted
evaluation in the military disability system.

The fact that the applicant has been granted  service  connected  disability
from the DVA does not entitle him  to  Air  Force  Disability  compensation.
The military service disability systems, operating under Title 10,  and  the
Department of Veterans Affairs  (DVA)  disability  system,  operating  under
Title 38, are complementary systems not  intended  to  be  duplicative.   By
law, payment of VA compensation and military disability pay  is  prohibited.
The presence  of  medical  conditions  that  were  not  unfitting  while  in
service, and were not the cause of  separation  or  retirement,  that  later
result  in  service  connected  DVA  compensation  is   not   a   basis   to
retroactively   grant   military   disability   discharge   or    disability
compensation.

AFBCMR Medical Consultant's 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  27
March 2007 for review and comment within 30 days.  As  of  this  date,  this
office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate  the
existence of an error or an injustice.  Applicant’s  contentions  are  duly
noted; however, we agree with the opinion and recommendation of the  AFBCMR
Medical Consultant and adopt his rationale as the basis for our  conclusion
that the applicant has not been the victim of an  error  or  an  injustice.
The applicant is requesting his records be changed to reflect he received a
40 percent disability rating at the time  of  his  retirement  and  that  a
percentage of his retired pay  be  designated  as  nontaxable  due  to  his
disability upon retirement.  The applicant throughout his  military  career
was seen and treated for a variety of medical conditions.  The  applicant’s
medical records do not  reflect  that  he  had  a  medical  condition  that
rendered him unfit to perform the duties of his  rank,  rating,  office  or
grade and  warranted  evaluation  in  the  military  disability  evaluation
system.  However, former servicemembers are authorized treatment  from  DVA
under the provisions of Title 38, USC.  Title 38, USC
allows the DVA to provide  compensation  for  servicemembers  who  incur  a
service-connected medical condition while on active duty and to increase or
decrease the disability rating based on  the  seriousness  of  the  medical
condition throughout the former servicemember’s life span.   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 AFBCMR Docket Number  BC-2006-
01017 in Executive Session on 10 May 2007 under the provisions  of  AFI  36-
2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Janet I. Hassan, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 31 Mar 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 26 Mar 07.
      Exhibit D. Letter, SAF/MRBR, dated 27 Mar 07.




                             MICHAEL K. GALLOGLY
                             Panel Chair