RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01368
            INDEX CODE:  108.02, 108.05

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His combined disability rating be raised from 20% to at least 50%  and
he be granted a disability retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As a service member with over 20 years of service he is  eligible  for
placement on the TDRL if he  is  rated  as  less  than     30  percent
disabled, which he has been.  He served with the Army in  Vietnam  and
has over 30 years of total combined Regular and  Reserve  service  for
pay.  He is having physical and mental difficulties and is being asked
to leave his career without the benefits  he  needs.   He  has  always
tried to be an exemplary employee, dedicated to his  country  and  the
people who serve it.  He would not be asking for these  things  if  it
were not for the fact he is not able to work at  this  time.   He  has
provided medical documentation showing he may not  be  employable  for
two years and possibly indefinitely.  He is on several medications and
is attending counseling sessions designed to help him work through the
problems.  He notes that in all his years of service he never received
counseling from a commander.  On 18 August 2004, he received a  Record
of Individual Counseling and on 5 November  2004,  a  Notification  of
Denial of Reenlistment.  After the fall holidays of 2004, he was  told
by his supervisor to clear out his desk and go home.   His  supervisor
told him he would return in about eight days and would  speak  to  the
applicant at that time.  He was given no reason for the order  and  he
began to experience stress that in  turn  affected  his  physical  and
mental well being.  Consequently he felt as if he should  transfer  to
another Active/Guard Reserve position (AGR) in another  state  and  he
did so.  On 1 March 2005,  he  was  finally  able  to  meet  with  his
Personal Care Manager (PCM) and, after several tests including x-rays,
Magnetic  Resonance  Imaging’s  (MRI’s)   and   referrals   to   other
specialists,  he  was  diagnosed  with  several  physical  and  mental
conditions.  He has had four surgeries in the  past  year  (2005)  and
hospitalizations for recurrent major depression, Post Traumatic Stress
Disorder (PTSD) and adjustment disorder.   Television  bombardment  of
Hurricane  Katrina  coverage  brought  about   increased   nightmares,
flashbacks to Vietnam (as he was involved in  rescue  and  retrieval),
more fear, depression,  time  lapses  and  anxiety.   He  underwent  a
cervical spinal fusion and  decompression  of  the  spinal  cord.   He
expects he may also have to undergo lower back surgery and fusion  for
the bilateral pars defects.  He asks that he be put on the TDRL so  he
may have time to rehabilitate his conditions and once again be able to
provide for his family.  As he would have to wait another six years to
draw Reserve retirement and filing with the  Department  of  Veteran’s
Affairs (DVA) takes months to accomplish, he fears he  will  lose  all
that he has worked for and become another homeless statistic.  He  has
no ability for gainful employment at this time and only 18  months  of
active duty needed to qualify for a full retirement.  He was here  for
his country when needed, where is his country in his time of need?

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and copies of several letters of support, official  letters,
pertinent email trails, excerpts of regulations  and  select  civilian
medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the US Army on 11 January 1971 and separated  in
May 1974.  He enlisted in the Air National Guard (ANG) on  28  January
1982.  He was progressively promoted to  the  grade  of  chief  master
sergeant (CMSgt) with a date of rank (DOR) of 13 February 1997.  On 24
November 2004, he was notified he would not be reenlisted in  the  ANG
and that his AGR tour would end concurrent with his date of separation
of 6 April 2005.  On 28 January 2005, he quit reporting for duty.   On
16 March 2005, the Mississippi ANG (MSANG) was notified he  was  being
treated at  the  local  Veteran’s  Administration  (VA)  hospital  for
service-related illness.  Due to these and other medical concerns, his
6 April 2006 DOS was extended to 5 May 2005, 27 May 2005, and a  third
time to 14 June 2005.  On 9 June 2005, the results of a Review In Lieu
of Medical Evaluation board were published showing  his  illness’s  as
being Line of Duty (LOD) and established a 4T profile wherein  he  was
found not worldwide deployable.  An MEB was convened on  6  July  2005
and diagnosed two unfitting conditions: Herniated Nucleus Pulposus C6-
7 Status  Post  Diskectomy  and  Fusion  (rated  at  10%),  and  Major
Depressive  Disorder  (also  rated  at  10%).    The   MEB   therefore
recommended he be discharged with severance  pay  with  a  compensable
percentage of 20%.   He  disagreed  with  the  MEB  and  appealed  the
decision through the Informal Physical Evaluation Board (IPEB) and the
Physical Evaluation Board (PEB).  On 28 March 2006, Secretary  of  the
Air Force Personnel Council (SAF/PC) considered his appeal but  upheld
the  former  Board’s  recommendations.   However,  SAF/PC  noted   the
applicant had sufficient  time  in  service  to  qualify  for  Reserve
retirement at age 60 should he desire that instead of  severance  pay.
On  4  May  2006,  he  chose  to  be  transferred  to  ISLRS  awaiting
application for Reserve retired pay at  age  60.   He  was  therefore,
transferred to ISLRS effective 2 June 2006 after serving over 27 years
of satisfactory Reserve service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommended denial.  DPPD noted his 5 May 2006  election  to
transfer to ISLRS in lieu of discharge with severance pay and to await
Reserve retired pay at age 60 effective 2 June 2006.  DPPD states  the
preponderance of evidence reflects that no error or injustice occurred
during the disability process and at time of separation.

DPPD’s complete evaluation, with attachments, is at Exhibit B.

The Medical  Consultant  notes  the  applicant’s  Expiration  term  of
Service (ETS) was extended repeatedly  to  allow  him  evaluation  and
treatment of various conditions.  The applicant exercised all  options
of the Military Disability Evaluation system  (MDES)  to  address  his
concerns culminating in a finding of unfitness and a disability rating
of 20% for cervical disease  and  depression.   The  preponderance  of
evidence of record indicates that action and disposition in this  case
are  proper  and  equitable  reflecting  compliance  with  Air   Force
directives that implement the law.  The Medical Consultant is  of  the
opinion that no change in the records is warranted.

The remaining pertinent medical facts are contained in the evaluation
prepared by the BCMR Medical Consultant at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s spouse responds to  the  AFBCMR  Medical  Consultant’s
opinion for her husband as  he  is  not  able  to  adequately  respond
himself.  She questions the medical consultant’s  statement  that  the
entire record was reviewed yet, her husband’s military medical records
were not present for review.  She also  mentions  two  medical  issues
experienced by the  applicant  that  were  left  out  of  the  medical
consultant’s opinion.  Namely, rotator cuff surgery performed  on  his
right shoulder and  information  on  the  applicant’s  bilateral  pars
defect of L5/S1.  She has included current information from his record
regarding the two issues above and are attached to the rebuttal.   The
remaining several pages of  the  statement  on  her  husband’s  behalf
contains the same information as in the original  application  however
slightly more detailed.

Applicant’s complete response, with attachments, 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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force  office  of  primary  responsibility  and  the  BCMR’s   Medical
Consultant and adopt their rationale as the basis for  our  conclusion
that the applicant has not been the victim of an error  or  injustice.
We noted the applicant withdrew his request to be placed on  the  TDRL
and concurrently asked that his combined disability rating be  changed
from 20% to 50% rather than the earlier request of 30%.  According  to
SAF/PC, the applicant, due to his time in  service  and  total  active
federal military service qualified  for  one  of  only  two  available
choices.  As the applicant voluntarily made  the  decision  to  accept
Reserve retirement at age 60 rather than accept  disability  severance
pay we can find no 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 AFBCMR Docket Number BC-
2006-01368 in Executive Session on 18 July 2007, under the  provisions
of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Barbara R. Murray, Member
      Mr. Richard K. Hartley, Member










The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Apr 2006, w/atchs
    Exhibit B.  Letter, AFPC/DPPD, dated 22 May 06, w/atchs.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 2 May 07
    Exhibit D.  Letter, SAF/MRBR, dated 4 May 07.
    Exhibit E.  Letter, Applicant, dated 5 Jun 07, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair