RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF DOCKET NUMBER: BC-2007-00811
                                INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXXXX   COUNSEL:  Disabled American Veterans

            HEARING DESIRED:  UNKNOWN


MANDATORY CASE COMPLETION DATE:  18 September 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be given an  exception  to  policy  to  have  her  permanent  disability
retirement cancelled so she can  be  reinstated  to  active  duty  based  on
hardship.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

There is no seamless  transition  from  a  medical  retirement  to  Veterans
Affairs (VA) medical care.  She needs surgeries to fix a tendon tear in  her
right ankle, reconstruction of the ankle and foot, a lengthy recovery  time,
and the same surgery for the left ankle.  It will take 9  to  18  months  to
adjudicate her disability claim with the VA.  Her husband is  100%  disabled
and is not employable.  Meantime, the financial burden placed upon  her  and
her family  is  unjust.   Her  military  personnel  officer  skills  do  not
adequately translate into the civilian sector human  resources  skills  set.
Even if she is lucky enough to obtain meaningful employment,  she  will  not
have built up enough sick leave to cover  hospitalization  and  recuperation
time as a result of the surgeries she needs.   Once  she  was  retired,  her
family was forced to move from Virginia because they own a house  in  Nevada
and cannot afford both  the  rent  in  Virginia  and  mortgage  payments  in
Nevada.

In support of her appeal, the applicant  submits  copies  of  a  physician’s
letter from Portsmouth Naval Medical Center;  Informal  Physical  Evaluation
Board (IPEB) findings and  recommended  disposition;  Medical  Board  Report
with  attachments;  Medical  Standards  Branch   documentation;   electronic
communications concerning her appeal;  Air  Force  Personnel  Center  (AFPC)
Commanders  response  to  her  request  for   exception   to   policy   with
attachments.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to the Military Personnel  Data  System  (MilPDS),  the  applicant
served on active duty in the Regular Air Force with a Total  Active  Federal
Military Service Date and Total Active Federal Commissioned Service Date  of
3 January 1988.  She was progressively promoted to the grade  of  lieutenant
colonel effective and with a date of rank of 1 December 2003.

The applicant reported for medical evaluation  following  her  complaint  of
years of chronic fatigue and chronic muscle and joint pain.   On  15  August
2005, a Medical Evaluation Board (MEB) reviewed the applicant’s records  and
referred the applicant’s case to an IPEB for further evaluation.   The  IPEB
findings, dated 19 August 2005,  noted  the  applicant  was  diagnosed  with
Myalgia with Polyarthralia associated with Fatigue, Gastroesophageal  Reflux
Disease, and Obesity.  The IPEB findings stated  the  applicant’s  condition
did not prevent her from reasonably performing her  duties  of  her  office,
grade, rank, or rating; nor did it interfere  with  her  day-to-day  duties.
The IPEB recommended the applicant be returned to duty with  a  reevaluation
in nine months following  orthopedic  and  rheumatological  evaluations  and
treatment.

On 2 October  2006,  an  MEB  diagnosed  the  applicant  with  Fibromyalgia,
Chronic Ankle Pain with Peripheral Neuropathy, and Obstructive Sleep  Apnea.
 The MEB referred the applicant’s case  to  an  IPEB.   The  IPEB  findings,
dated  3  November  2006,  noted  the  applicant’s   unfitting   compensable
conditions as Fibromyalgia and mild  injury  to  right  extensor  digitorium
brevis  (vs  distal  deep  peroneal  nerve  palsy),  status-post   bilateral
peroneal nerve compartment release; and,  assessed  a  combined  compensable
rating of forty-six (46) percent for the two conditions.  In  addition,  the
IPEB found the applicant had unfitting conditions, which were not  currently
compensable or ratable, of Obstructive Sleep Apnea (requiring use  of  CPAP)
and migraine headaches.  The IPEB also diagnosed the applicant with  Obesity
which was not separately  unfitting,  compensable,  or  ratable.   The  IPEB
found the applicant unfit due to physical disability incurred  in  the  line
of duty and recommended  she  be  permanently  retired  with  a  compensable
rating of fifty (50) percent.

On  21  November  2006,  the  applicant  agreed  with   the   findings   and
recommendation of the IPEB and waived her right to a  formal  hearing.   The
Secretary of the Air Force approved the applicant’s permanent retirement  on
21 November 2006.

The applicant was relieved from active duty effective 11  January  2007  and
was  permanently  disability  retired  effective  12  January  2007  with  a
disability rating of fifty (50) percent.  She served 19 years and 9 days  of
active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends the applicant’s request be  denied.   DPPD  states  the
applicant contends the IPEB was  unable  to  review  the  neuropsychological
tests that were completed on 20 November 2006.  However, she concurred  with
the IPEB findings one day after the completion of the tests.  The  applicant
could have non-concurred and requested a  hearing  with  the  formal  board,
bringing the neuropsychological test results with her for their review.   On
18 December 2006, the applicant submitted a  hardship  request  for  a  9-12
month extension to allow surgery for  both  ankles  and  recuperation  time.
The Langley AFB medical treatment SGH and the AFPC Medical Standards  Branch
noted the  proposed  surgery  was  deemed  elective  and  not  an  immediate
requirement of her condition.  Additionally,  the  surgery  would  not  have
rendered the applicant fit enough to return  to  full  military  duty.   The
request for extension was  denied.   Even  though  the  applicant  would  be
covered by TRICARE, she elected to cancel the surgery.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

As she expected, the  Air  Force  Office  of  Primary  Responsibility  (OPR)
provided an opinion within the narrow scope of their purview.   She  appeals
to the Board to look at the much  larger  picture  and  to  use  their  much
broader powers to turn wrongs into rights.  She  chose  not  to  appeal  the
IPEB decision to a Formal Physical Evaluation Board (FPEB) because  she  was
advised that she may be taking a risk of being rated lower and only  receive
a separation versus a medical retirement.  It was her  desire  to  reach  20
years of service – a full career.  She was capable  of  performing  her  in-
garrison duties.  During the final analysis, based  on  the  advice  of  her
FPEB lawyer and an independent advocate, she felt she had no choice  but  to
accept the findings of the IPEB.  She had  to  protect  the  future  of  her
family with a secure retirement income.  She has been trying to find  a  job
for five months without success.  Her VA claim is still pending and  she  is
not eligible for unemployment or Social Security benefits.  Her  husband  is
unemployable and she cannot afford surgery on her ankle with the TRICARE co-
pays at this time.  She hopes the Board will right this wrong.

The applicant’s rebuttal is at Exhibit D.

_________________________________________________________________

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 this case and do not find  that
it supports  a  determination  that  her  permanent  retirement  because  of
physical disability in 2006 was improper or contrary to  the  provisions  of
the governing regulations.  Neither does  the  record  reveal  nor  has  the
applicant provided any evidence that would lead us to believe that  she  was
physically fit  within  the  meaning  of  the  governing  regulation,  which
implements the law, to return her to active service.  In view of the  above,
we agree with the opinion and recommendation of  the  Air  Force  office  of
primary responsibility  and  adopt  its  rationale  as  the  basis  for  our
conclusions that the applicant has not  been  the  victim  of  an  error  or
injustice.   Accordingly,  the  applicant’s   request   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 this application in  Executive
Session on 24 October 2007, under the provisions of AFI 36-2603:

            Mr. Michael V. Barbino, Panel Chair
            Mr. James A. Wolffe, Member
            Ms. Lea Gallogly, Member


The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2007-00811:

      Exhibit A.  DD Form 149, dated 13 Mar 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPD, dated 18 Apr 07.
      Exhibit D.  Letter, SAF/MRBR, dated 11 May 07.
      Exhibit E.  Applicant’s Rebuttal, dated 6 Jun 07.




                                  MICHAEL V. BARBINO
                                                   Panel Chair