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AF | BCMR | CY2007 | BC-2006-03453
Original file (BC-2006-03453.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03453
                                             INDEX CODE:  108.00, 128.04
      XXXXXXXXXXXXX                     COUNSEL:  JAMES PHILLIPS

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  6 May 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be placed on Title 10 active duty orders and be  medically  retired  from
active duty.

He be found medically unfit for  further  duty,  and  that  he  receive  all
appropriate  compensation  for  his  medical   “in   the   line   of   duty”
disqualification.

He be paid compensation, and discharged from  repayment  of  overpayment  of
his flight pay.

________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been medically disqualified by the 22 November  2004  Medical
Evaluation Board  (MEB)  as  he  is  unfit  for  continued  service  due  to
hypertension and heart complications.

His flight pay was discontinued after he was injured.  He  was  unaware  of,
and disagrees with, the overpayment.  He should not be required to pay  back
the flight pay from 23 December 2003 to 23 December 2004.

In support of his appeal, he has  furnished  copies  of  numerous  documents
corresponding with the  office  of  Senator  Bill  Frist,  a  Medical  Board
Report, dated 6 December 2004, numerous medical documents  from  St.  Thomas
Hospital, The Heart Group, and his military medical records, a  synopsis  of
his Guard Career,  a  Timeline,  a  letter  of  indebtedness  from  the  118
AW/FMFPM, dated 26 October 2005, his DD Form 214,  dated  28 February  2005,
SO RX-626, dated, 2 March 2003, and SO RX-368, dated  4  January  2005,  and
documentation from the  Department  of  Veterans  Affairs,  dated  17  April
2006..

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant entered military service  in  the  Tennessee  Air  National  Guard
(TNANG) on 21 December 1988 as a navigator, and is currently a TNANG  member
serving in the grade of major.

In December 2001,  he  was  noted  by  his  personal  physician  to  have  a
diastolic murmur.  Subsequent evaluations through April  2002  documented  a
bicuspid aortic valve, with abnormal calcification of  the  valve  leaflets,
and moderate to severe aortic valve insufficiency.  He  was  also  shown  to
have an enlarged ascending  aorta  that  is  commonly  associated  with  the
bicuspid valve anomaly, and also frequently requires surgical repair due  to
a risk of rupture.  Stress testing showed no evidence  of  blocked  coronary
arteries with normal aerobic  capacity,  and  Holter  monitoring  showed  no
abnormal heart rhythms.  A follow-up examination with  his  cardiologist  in
September 2002 indicated  his  bicuspid  valve,  aortic  insufficiency,  and
ascending aortic aneurysm  were  largely  stable.   He  was  noted  to  have
hypertension, considered a risk factor for aortic aneurysm development,  and
was advised to return in six months.  On 21 October 2002, he completed a  DD
Form 2697, Report of Medical Assessment, in which he  attested  he  had  not
seen or been treated by a health  care  provider  since  his  last  physical
examination by the military in April 2002.

His unit did not learn of the condition  until  January  2003,  and  he  was
placed in Duty Not Involving Flight (DNIF) status  on  6 January  2003.   An
aeromedical summary was completed in February 2003, requesting a waiver  for
flying  duties,  and  noting  he  was  a  civilian  commercial   pilot   and
asymptomatic.  The flight surgeon further stated his condition was  unlikely
to progress for many years as there was no  evidence  of  heart  failure  at
that point, the condition would not affect his ability to deploy to  austere
environments, he would not require frequent, exotic,  or  invasive  testing,
and it was anticipated he would continue to do well for many years to  come,
during which, he could continue to be an active navigator in the unit.

On 2 March 2003, he was mobilized for Operation  Iraqi  Freedom  (OIF),  and
deployed (non-flying) to Southwest Asia for four  months.   He  returned  to
home station in early July 2003, and remained  on  active  duty  orders.   A
Line Of Duty (LOD) determination was initiated on 23  March  2004,  with  an
interim approval requested  for  imminent  surgery.   He  was  admitted  for
aortic valve replacement and aortic aneurysm repair on 20  April  2004,  and
his post-operative recovery was uncomplicated.  He met an  MEB  in  November
2004, and the summary indicated “since his valve and aortic replacement,  he
has done well and denies symptoms.  He  specifically  denied  any  onset  of
chest discomfort, shortness of breath on exertion,  lower  extremity  edema,
shortness of breath with recumbency cough,  wheezing,  syncope,  etc.”   The
MEB was completed on 6 December  2004,  and  was  referred  to  an  Informal
Physical Evaluation Board (IPEB).  The IPEB recommended return  to  duty  on
11 February 2005 under Category II – Conditions that can  be  unfitting  but
are not currently compensable or ratable:  Bicuspid  Aortic  Valve,  Existed
Prior to Service, associated with Aortic Root Aneurysm Status Post  surgical
repair.  He was deactivated on 28 February 2005, and, on 13  May  2005,  the
ANG/SG determined he was medically  qualified  for  World  Wide  duty,  with
waiver valid until 31 May 2008.

In October 2005, applicant was notified of a payable debt  to  the  DoD,  in
the amount of $3,340.78, for overpayment of Aviation  Career  Incentive  Pay
(ACIP).  Further review by HQ USAF/A3OT and the NGB  determined  the  amount
payable was actually $13,224.

Applicant filed a claim for service connected disability  compensation  with
the Department of Veterans Affairs (DVA).  A DVA Rating Decision,  dated  10
April 2006, denied service connection for heart valve replacement since  the
condition had not been aggravated by his military service, and  had  neither
occurred in nor was caused by his  service,  but  was  rather  a  congenital
condition.

________________________________________________________________

AIR FORCE EVALUATION:

HQ USAF/A3OT recommends denial of applicant’s request to be relieved of  his
obligation  to  repay  the  ACIP  he  received  from  23 December  2003   to
23 December 2004.  He was not medically qualified for aviation service,  and
therefore not entitled to ACIP for the period in question.

Applicant was initially placed in DNIF status on 6  January  2003,  and  was
later medically  disqualified  by  HQ  AFMSA,  effective  22 December  2003.
Medical disqualification documentation was not immediately provided  to  his
Host Aviation  Resource  Management  (HARM)  office  for  publication  of  a
disqualification Aeronautical Order (AO) and termination of ACIP.  The  HARM
office initially published a disqualification AO in September 2005, with  an
incorrect effective date of  23  December  2004.   In  September  2006,  the
effective date of the disqualification was corrected  to  22 December  2003,
and flying incentive pay was terminated effective 22 December 2003.

The DoD Financial Management Regulation Volume  7A,  Chapter  22,  paragraph
220207 states “Disqualification for medical incapacity will be  effected  on
the first day following a period of 365 days that commences on the  date  of
incapacitation, or on the date a competent medical authority determines  the
medical incapacitation to be permanent, whichever is earlier.”  The AF  Form
1042, Medical Recommendation for Flying  or  Special  Operational  Duty,  is
used to convey medical qualification  for  aviation  service,  and  must  be
provided to the HARM office  within  10  days.   His  HARM  office  did  not
receive the AF Form 1042  until  September  2005;  however,  this  does  not
change the fact that he was not medically qualified  for  aviation  service.
According to the HQ TNANG  response  to  a  congressional  inquiry,  he  was
notified of the medical disqualification in  December  2003,  and  therefore
should have been aware he was not entitled to ACIP.  Additionally,  AFI  11-
402, Aviation and Parachutist Service, Ratings and Badges, paragraph  1.5.3,
requires aircrew members to notify the HARM office immediately  when  flight
or  jump  incentive  pay  has  not  been  terminated  if  they   have   been
disqualified from aviation service.

The HQ USAF/A3OT evaluation is at Exhibit C.

NGB/A1POF recommends  denial  of  all  relief  sought.   They  referenced  a
previous reply provided to Senator William Frist  (attached  in  applicant’s
DD Form 149), and elaborated as follows:

Applicant is basing his belief that he should be medically  disqualified  on
one civilian doctor’s statement that “Maj W-----should avoid deployment  due
to its inherent risk of excessive exertional responsibilities and  stressful
situations which would certainly be prone  to  accelerate  his  hypertension
and cause potential progressive aortic root/valve  complications  given  the
afore mentioned factors.”  Air Force and ANG physicians reviewed  this  case
several times, and his file was received by the MEB, the  Surgeon  General’s
Office of the Secretary of  the  Air  Force,  and  the  Office  of  the  Air
Surgeon, ANG.   Each  review  concluded  that  after  his  surgery,  he  was
medically qualified for worldwide duty.  According to AFI 44-157,  paragraph
1.5, HQ AFPC will review  all  MEBs  recommending  a  return  to  duty,  and
provide a disposition.  This disposition is final and may  not  be  rebutted
by  the  member  unless  new  and  compelling  evidence  or  information  is
presented that would render consideration of a differing decision.   Without
any new or compelling evidence, applicant does not have a  right  to  appeal
the decision he is medically qualified to remain in the military.

Applicant was not injured in the  line  of  duty.   He  had  a  pre-existing
illness (existing since 2002, not reported until 2003) which was  aggravated
by his service in the Middle East.  He was  found  “in  the  line  of  duty”
(LOD) solely because there was not time to do the Air Staff level review  of
an “existing prior to service determination” (EPTS)  before  his  departure.
When his commander made the LOD determination,  he  was  kept  on  Title  10
orders which allowed him to continue receiving full-time  active  duty  pay,
as well as having the military pay for his surgical procedure.  Due  to  his
heart condition, he was placed in DNIF status on 6 January 2003.    A  board
reviewed his file and found him medically  disqualified  for  flying  on  19
November 2003, and, at this point, he did  not  meet  the  requirements  for
ACIP.  This was long before his LOD  determination.   Upon  notification  of
DNIF status, his ACIP should have been discontinued.  AFI 11-402,  paragraph
3.7.2.1 states that if an officer is placed in DNIF  status,  his  incentive
pay stops 365 days from the date of DNIF, or on the date the Flight  Surgeon
finds the problem permanently grounding, whichever is earlier.  The  365-day
DNIF period ended on 7 January  2004.   The  118th  Medical  Group  received
notice of the medical disqualification on 22 December  2003,  which  is  the
earlier date, and, per the AFI, is the  date  his  flight  pay  should  have
stopped.  However,  the  AF  Form  1042  was  not  received  in  the  Flight
Management Office (FMO) until September 2005  and  was  misread.   Applicant
was notified he owed the government $3,340.78 based  on  an  incorrect  stop
date of 23 December 2004.  The actual amount he was  overpaid  was  $13,224,
or an additional $9,884.  The difference resulted from the fact  that  while
he was drawing his ACIP of $28.00/day, he was in Title  32  (part-time,  4-6
days/month) status from 23 December 2004 to September 2005, and on Title  10
(full-time) active duty  orders  during  the  period  23  December  2003  to
23 December 2004.

It is not possible to medically retire the applicant as  soon  as  possible.
A military member will be medically retired from active duty (Title  10)  if
an MEB determines he is not qualified to serve  in  the  military.   He  has
been found medically qualified to  serve  in  the  military,  and  medically
qualified for world wide duty, with a waiver, until 31 May 2008.

The NGB/A1POF evaluation is at Exhibit D.

The AFBCMR Medical Consultant is of the opinion no change in his records  is
warranted.  He had a congenital, EPTS condition of bicuspid aortic  aneurysm
which was present at birth, and the associated complications have  developed
over the years since birth.  These were diagnosed by  a  personal  physician
and cardiologist more than eight months before military  authorities  became
aware of the conditions.  These  conditions  are  disqualifying  for  flying
duties, and aneurysm is also disqualifying for continued  military  service.
The  applicant  had  additional,  longstanding  disqualifying  (for  flying)
medical conditions that were similarly  unreported,  including  hypertension
on chronic medication, and use of  unapproved  medications.   He  failed  to
properly report these conditions or treatments, and specifically denied  any
civilian medical care and medications on an October 2002 DD Form 2697.   AFI
48-123 requires that a member “report all medical/dental treatment  obtained
through civilian  sources,  or  any  medical  condition  that  hinders  duty
performance, to the appropriate military medical authority”, and that  “each
Air Reserve Component (ARC) member is responsible for promptly  reporting  a
disease, injury, operative  procedure,  or  hospitalization  not  previously
reported  to  his  or  her  commander,  supervisor,  or  supporting  medical
facility personnel.  Any concealment or claim of disability  made  with  the
intent to defraud the  government  results  in  legal  action  and  possible
discharge from the  ARC.”   Applicant  was  allowed  to  mobilize  with  his
squadron in March 2003 based on the medical opinion of  his  flight  surgeon
that his conditions merited consideration for a waiver of continued flying.

There is no evidence in the available medical records  from  which  to  draw
the conclusion that  his  condition  was  aggravated  by  military  service.
Results of serial imaging do not show  a  pattern  of  accelerating  disease
beyond the expected natural progression.  The preponderance of  evidence  of
the records reflects little or no change in his condition  without  symptoms
for the two years prior to  his  surgery.   The  applicant’s  cardiologist’s
letter reporting a progression of 5mm of both the aortic root dimension  and
ascending aorta dimension is not evidenced  in  the  primary  documentation.
In April 2004, the aneurismal size was reported to be “right at 5cm” by  the
thoracic surgeon at the time of surgery, and a 5 mm increase over a  one  or
two year period of time is consistent with the rate of  natural  progression
reported in medical literature.

There is nothing in his  deployed  duties  (in  fixed  facilities  in  Saudi
Arabia, UAE, and Kuwait) to suggest what his personal  physician  dramatized
as “in a years time, the damage done was equal to more than 10 years of  day
to day activities.”  Records indicate the applicant was  deployed  for  four
months performing non-flying  duties,  and  there  is  no  documentation  of
uncontrolled high blood  pressure  while  deployed.   The  speculation  that
undocumented hypertension during deployment caused his condition to  rapidly
progress is not supported by either the medical literature  or  evidence  of
the record.

The Military Disability Evaluation System (DES), established to  maintain  a
fit and vital fighting force,  can,  by  law  under  Title  10,  only  offer
compensation  for  those  service  incurred  in-line-of-duty   diseases   or
injuries which specifically rendered a member  unfit  for  continued  active
service or were the cause for termination of their  career,  and  then  only
for the degree of impairment present at  the  time  of  separation  and  not
based on future possibilities.  Once an individual has been declared  unfit,
the Service Secretaries are required by law  to  rate  the  condition  based
upon the degree of disability at the time of permanent disposition, and  not
on future events.  The  mere  presence  of  a  medical  condition  does  not
qualify a member  for  disability  evaluation.   For  an  individual  to  be
considered unfit for military service, there must  be  a  medical  condition
that  prevents  performance  of  any  work  commensurate   with   rank   and
experience, or precludes assignment to military duties.  Medical  conditions
that existed prior to entry  onto  active  duty  that  are  not  permanently
aggravated by military service beyond the natural course of the disease  are
not ratable or compensable under the rules of the military DES.

The reviewer does not agree with his unit’s interim finding  of  LOD  “yes”,
an error perpetuated by the MEB but corrected by  the  PEB.   The  applicant
was born with  his  bicuspid  aortic  valve  and  developed  the  associated
complications  of  aortic  valvular  insufficiency  and   ascending   aortic
aneurysm over many years.  There is no relationship to military service,  or
a four month deployment, to the  development  of  these  conditions  or  the
progression over time.  It should be pointed out that  this  LOD  error  was
favorable to him, providing him coverage  for  the  corrective  surgery  and
extended employment for a condition disqualifying for  his  civilian  flying
occupation.

Following successful surgical  repair,  the  applicant  was  found  fit  for
continued military service.  The available medical records at  the  time  of
his  MEB  document  controlled  hypertension,  as  well  as   clinical   and
echocardiogram evidence of normal  cardiac  function.   There  are  no  more
contemporaneous records  to  suggest  subsequent  deterioration.   His  only
disqualifying  conditions  for  continued  military  service,  “aneurysm  or
history of repair” and “congenital anomalies…unless  satisfactorily  treated
by surgical correction”, have been waived by ANG/SGPA through 31  May  2008.
At the time of his MEB, there was no basis on which to find  him  unfit  for
continued military service, and no more recent evidence has  been  submitted
that such exists presently.  Disqualification from special  duties  such  as
flying is not the same as unfit for continued military service.

The administrative error of continued ACIP was occasioned by  a  failure  of
the involved organizations to communicate in a timely  fashion.   There  is,
however, every reason to believe that he was aware of his  disqualification,
and therefore the loss of his entitlement to incentive pay.   He  failed  to
notify his HARM office of the continued receipt of ACIP as required  by  AFI
11-402.

The  preponderance  of  evidence  of  the  records  does  not  support   the
applicant’s request.  Action and disposition in this  case  are  proper  and
equitable, reflecting compliance with Air Force  directives  that  implement
the law.

The AFBCMR Medical Consultant evaluation is at Exhibit F.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete  copies  of  the  HQ  USAF/A3OT  and  NGB/A1POF  evaluations   were
forwarded to the applicant on  5  January  2007,  for  review  and  comment,
within 30 days.  However, as of this date, no response has been received  by
this office.  A complete copy of the AFBCMR Medical Consultant’s  evaluation
was forwarded to the applicant on  11  May  2007,  for  review  and  comment
within 30 days.

Applicant responded to the AFBCMR Medical Consultant evaluation  on  29  May
2007, stating that the evaluation  contains  some  serious  accusations  and
misrepresentations, and that he would welcome an examination of his  current
medical condition and history by an independent third party.
The evaluation disregards statements by  his  doctors,  the  same  ones  who
saved his life, and uses opinions of Air Force  doctors  that  for  over  14
years never found a problem in any of his physicals.  It does not mention  a
CT scan done in October 2003, at the request of  the  Air  Force,  that  his
doctors later convinced him was  erroneous.   The  evaluation  also  implies
that his surgery was unnecessary,  which  could  not  be  further  from  the
truth.  The surgeon told his family that the procedure “gave him  a  lot  of
trouble” and, on follow-up visits, the surgeon told him and  his  wife  that
he would not have lasted more than a few weeks without the surgery.

The statement that he was performing non-flying  duties  while  deployed  is
irrelevant and degrading to all who have served in “staff” positions.  As  a
staff officer, he worked 12 to 18 hour days  for  four  months  with  little
time off, and his life would  have  been  much  easier  if  he  had  been  a
crewmember.

The  evaluation  also  implies  that  he  intentionally  hid   his   medical
conditions from the Air Force.  Upon learning of his heart valve  issue,  he
immediately told his squadron commander and, after numerous tests, was  told
it was a relatively minor condition  that  required  no  current  treatment,
just periodic checks.  Based on this, he did not notify the  base  hospital.
He would also like  to  note  his  doctor  has  a  very  low  threshold  for
hypertension, his chronic hypertension is  normal  by  most  standards,  and
there had never been any concerns about hypertension  reported  in  over  14
years of flight physicals with no medication involved.  The DD Form 2697  he
signed in October 2002 was done in a mass unit  deactivation  briefing,  and
he signed numerous forms that he should have looked  at  more  closely.   He
refused to sign the same form in March 2004.

The flight surgeons at his unit still disagree with the  Air  Force  opinion
that he is fit for worldwide duty.  He has been trying  to  resubmit  for  a
flying waiver since August 2005, and, as a part  of  his  package,  the  Air
Force wants  a  letter  from  his  doctors  stating  that  he  is  worldwide
deployable.  This is something they refuse to do,  and  he  has  learned  to
trust their opinions.  In May 2007, he reviewed his waiver status  with  his
flight surgeon, and he is reluctant to submit the package because he  thinks
he should be disqualified from military service.

The ACIP overpayment amount was incorrectly stated in  the  evaluation,  and
is one of many factual errors contained in the evaluation.  He  takes  issue
with the statement he should have been aware of the mistake,  and  finds  it
incredible that numerous government agencies and employees can  consistently
get things wrong and yet want to hold a part-time ANG member, who was  going
through  a  rather  traumatic  experience,  responsible  for   not   knowing
regulations.

The numerous factual  errors  in  the  AFBCMR  Medical  Consultant  Advisory
should render the review  null  and  void.   It  states  the  wrong  figures
regarding ACIP overpayment.  It excludes the most  important  CT  scan  from
the report, and this exclusion renders the  discussion  about  deterioration
of his condition while deployed and the timing of the surgery  invalid.   It
also fails to  mention  the  VA  denial  is  under  appeal.   Based  on  the
evaluation, he expects to lose this case which  is  unfortunate,  given  the
tone and misrepresentations in the evaluation.  A  copy  of  the  evaluation
has been forwarded to his attorney and his  physicians,  and  he  personally
feels the evaluation warrants an investigation.

Applicant’s complete response, with attachment, is at Exhibit H.

________________________________________________________________

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  offices  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Evidence has been presented that in December 2001, applicant, was  noted  by
his personal physician to have a diastolic  murmur.   In  October  2002,  he
completed a DD  Form  2697,  Report  of  Medical  Assessment,  in  which  he
attested he had not seen or been treated by a  health  care  provider  since
his last physical examination by the military in April 2002.  His  unit  did
not learn of the condition until January 2003, at which time he  was  placed
in DNIF  status.   In  December  2003,  he  was  subsequently  found  to  be
medically disqualified  for  flying  and,  at  this  point,  was  no  longer
entitled to ACIP for the period in  question.   Since  aircrew  members  who
have been disqualified from aviation service  are  required  to  immediately
notify their HARM office when flight pay has not been terminated,  applicant
should have been aware he was  not  entitled  to  ACIP  for  the  period  in
question, and there is no evidence he attempted to notify  his  HARM  office
to terminate his ACIP.  Air Force and  ANG  physicians  reviewed  this  case
several times, and his file was received by the MEB, the  Surgeon  General’s
Office of the Secretary of  the  Air  Force,  and  the  Office  of  the  Air
Surgeon, ANG.   Each  review  concluded  that  after  his  surgery,  he  was
medically qualified for worldwide duty.  Applicant has been found  medically
qualified to serve in the military, and medically qualified for  world  wide
duty, with a waiver, until  31  May  2008.   Disqualification  from  special
duties such as flying is not  the  same  as  unfit  for  continued  military
service.  Therefore, it is not possible to medically  retire  the  applicant
as soon as possible as a military member  will  be  medically  retired  from
active duty (Title 10) if an MEB determines they are not qualified to  serve
in the  military.   Additionally,  evidence  has  been  presented  that  the
condition resulting in his heart valve replacement had not  been  aggravated
by his military service, and had neither occurred in nor was caused  by  his
service, but was rather a congenital condition.  Therefore, in  the  absence
of evidence to the contrary,  we  find  no  compelling  basis  to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

________________________________________________________________

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-2006-03453
in Executive Session on 11 July 2007, under the provisions of AFI 36-2603:

                       Mr. Michael J. Novel, Panel Chair
                       Ms. Karen A. Holloman, Member
                       Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jul 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ USAF/A3OT, dated 12 Dec 06.
    Exhibit D.  Letter, NGB/A1POF, dated 26 Dec 06.
    Exhibit E.  Letter, SAF/MRBR, dated 5 Jan 07.
    Exhibit F.  Letter, BCMR Medical Advisor, dated 2 May 07.
    Exhibit G.  Letter, AFBCMR, dated 11 May 07.
    Exhibit H.  Letter, Applicant, dated 29 May 07, w/atch.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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  • AF | BCMR | CY2006 | BC-2006-00342

    Original file (BC-2006-00342.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A3OT recommends denial of applicant’s request because the error was not his medical condition leading to disqualification but in the documentation and reporting of his disqualification for flying and parachute duty. He was medically qualified to fly until Dr. K--- grounded him with his AF Form 1042, dated 13 Dec 05. B J WHITE-OLSON Panel Chair AFBCMR BC-2006-00342 MEMORANDUM FOR THE CHIEF OF...

  • AF | BCMR | CY2000 | 9702272

    Original file (9702272.doc) Auto-classification: Approved

    The applicant was medically disqualified following a period of 180 days from the date he was placed on DNIF status and his entitlement to ACIP was terminated effective 17 April 1994. (Exhibit D) ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant accepted the recommended re-entitlement date of 8 August 1994 for his ACIP. Given that his waiver expired 31 March 1995, even if a subsequent waiver was not granted, he would...

  • AF | PDBR | CY2014 | PD-2014-01420

    Original file (PD-2014-01420.rtf) Auto-classification: Denied

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the VASRD standards to the unfitting medical condition at the time of separation. A 10% rating under these codes stipulates “Workload of greater than 7 METs but not greater than 10 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; continuous medication required.” The CI’s exercise capacity easily exceeded 10 METs. BOARD FINDINGS :...

  • AF | BCMR | CY2003 | BC-2001-03678-2

    Original file (BC-2001-03678-2.doc) Auto-classification: Denied

    For an accounting of the facts and circumstances surrounding the applicant’s separation, and, the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit H. The applicant’s medical evaluation was completed at Wilford Hall Medical Center on 17 October 2002 and the results were forwarded to the Board for review (refer to Exhibit I). The BCMR Medical Consultant’s evaluation is at Exhibit J. Letter, BCMR Medical Consultant, dated 16 December 2002.

  • AF | PDBR | CY2013 | PD-2013-02675

    Original file (PD-2013-02675.rtf) Auto-classification: Denied

    The MEB forwarded “aortic valve disorder” to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E.No other conditions were submitted by the MEB.The Informal PEB adjudicated “hypercoagulable state requiring chronic anticoagulation therapy”as unfitting, rated 0%, and determined that the bicuspid aortic valve (status post replacement) was a Category III condition, not separately unfitting and not contributing to the unfitting condition.The CI made no appeals and was medically separated. ...

  • AF | PDBR | CY2010 | PD2010-00863

    Original file (PD2010-00863.docx) Auto-classification: Denied

    I then went before the formal board and received 10% with a disability code of 7121 which allows up to 30% disability rating which would have allowed me to retire.” In block 14 of the DD Form 294 he notes: “The following is the VA decision on disability: I was rated at 60% disabled with the following determinations: Right Kidney Cortical Atrophy with Compensatory Left Kidney Hypertrophy with Residual Thinning & Scarring, Aortic Valve Insufficiency with Regurgitation, Mitral Valve...

  • AF | PDBR | CY2010 | PD2010-00979

    Original file (PD2010-00979.docx) Auto-classification: Denied

    BAV and chest pain (exertion related) were the only conditions on the MEB’s submission to the Physical Evaluation Board (PEB). The CI made no appeals and was medically separated with a 10% disability rating. I have reviewed the subject case pursuant to reference (a) and, for the reasons set forth in reference (b), approve the recommendation of the Physical Disability Board of Review Mr. XXXX’s records not be corrected to reflect a change in either his characterization of separation or in...

  • AF | BCMR | CY2013 | BC 2013 04570

    Original file (BC 2013 04570.txt) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPAA recommends granting the applicant’s request noting a review of her records indicates she met all the qualifying criteria for the ACP (ARP) during the original eligibility period. At the time she submitted her signed FY12 ACP contract, a member of the administrative staff told her...

  • AF | BCMR | CY1999 | 9803224

    Original file (9803224.doc) Auto-classification: Denied

    Effective Apr 95, the applicant received a 30% disability rating from the Department of Veterans Affairs (DVA) for his “aortic insufficiency/stenosis with mitral valve prolapse.” _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant reviewed this application and indicated that as early as 1986, the applicant was diagnosed with valvular heart disease, most likely secondary to rheumatic fever, the disease affecting the aortic as...

  • AF | BCMR | CY2003 | BC-2002-01790

    Original file (BC-2002-01790.doc) Auto-classification: Approved

    By memorandum dated 5 Apr 03, the applicant amended the above request to request that the Board approve replacement of his original PRFs with revised PRFs, signed by his senior rater, for the Calendar Year (CY) 1999B (99B) and CY00A Central Lieutenant Colonel Selection Boards. Additional relevant facts pertaining to this application are contained in the evaluations prepared by the appropriate offices of the Air Force found at Exhibits C, D, and...