Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-2007-02816
Original file (BC-2007-02816.doc) Auto-classification: Denied

 RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02816
            INDEX CODE:  108.02
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His disability rating be changed from a 10 percent discharge with  severance
pay to the current 30 percent rating given by  the  Department  of  Veterans
Affairs (DVA), and his records be changed to  reflect  permanent  retirement
rather than disability discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The DVA rated him at 20 percent disabled for lumbar  strain  with  herniated
disc and disc degeneration and 10 percent for hypertension.  His  total  DVA
disability rating is 30 percent.

The Air Force originally rated him at  20  percent  but  reduced  it  to  10
percent after he appealed the decision.  The original finding of 20  percent
with the herniated L4-5 in disc protrusion  of  L5-S1  coupled  with  mildly
abnormal antalgic gait, “a rating of 20 percent by itself,”  would  put  him
at 40 percent.

He feels a rating of 30 percent is fair and just compensation for an  injury
sustained while proudly serving his country.

In support of his  request,  the  applicant  provided  a  copy  of  his  DVA
disability decisional documents, a copy of his separation orders, a copy  of
his  discharge  notification  letter,  and  a  copy  of  his  DD  Form  214,
Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air Force Reserves on 22 Aug 05 and served  for  a
period of 11 months and 27 days.  He had 7 years,   1 month, and 16 days  of
prior active service.

On 5 Apr 07, the Informal Physical  Evaluation  Board  (IPEB)  reviewed  his
case and recommended discharge with severance pay with a  disability  rating
of 20 percent.

He appealed the  decision  of  the  IPEB  and  appeared  before  the  Formal
Physical Evaluation Board (FPEB) with counsel on 16 May 07.

The FPEB reviewed the evidence  presented  and  recommended  discharge  with
severance pay with a disability rating of 10 percent.

The applicant appealed to the Secretary of the Air Force  Personnel  Council
(SAFPC)  to  increase  his  rating;  however,  SAFPC  concurred   with   the
recommended disposition of  the  FPEB  and  upheld  the  recommendation  for
discharge with severance pay with a disability rating of 10 percent.

The applicant was honorably discharged on 18 Aug 06.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial. DPPD states the Department of Defense  and  the
DVA  operate  under  separate  laws.  Under  Title  10,   U.S.C.,   Physical
Evaluation Boards must determine if a member’s condition renders them  unfit
for continued military service relating to  their  office,  grade,  rank  or
rating.  If  the  board  renders  a  finding  of  unfit,  the  law  provides
appropriate compensation due to the premature termination of  their  career.
It is the charge of the DVA to pickup where the  Air  Force  must,  by  law,
leave off.  Under Title 38 U.S.C., the DVA may  rate  any  service-connected
condition upon future employability or reevaluate based on  changes  in  the
severity of a condition.  This often results in  different  ratings  by  the
two agencies.

The AFPC/DPPD 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 19  Oct
07 for review and comment within 30 days.  As of this date, this office  has
not received a response.

_________________________________________________________________

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 opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an 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.

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 issues 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-2007-02816
in Executive Session on 21 December 2007, under the provisions  of  AFI  36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Audrey Y. Davis, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered for Docket Number BC-2007-
02816:

    Exhibit A.  DD Form 149, w/atchs, dated 15 Aug 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPD, dated 27 Sep 07.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Oct 07.



                                   CHARLENE M. BRADLEY
                                   Panel Chair


Similar Decisions

  • AF | BCMR | CY2008 | BC-2007-03444

    Original file (BC-2007-03444.doc) Auto-classification: Denied

    The member requested a hearing with the Formal Physical Evaluation Board (FPEB). The SAFPC reviewed the findings of both Boards and concurred with the recommendation of the FPEB for discharge with severance pay at a 20 percent disability rating. The DPPD complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 9 Nov 07, a copy of the Air Force evaluation was forwarded to the applicant for review...

  • AF | BCMR | CY2007 | BC-2007-00068

    Original file (BC-2007-00068.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00068 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 14 July 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: She receive another review of her medical evaluation board evaluation (MEB). ____________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPDS recommends the requested relief...

  • AF | BCMR | CY2008 | BC-2007-02793

    Original file (BC-2007-02793.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: The Air Force Informal Physical Evaluation Board’s (IPEB) determination that he be medically discharged from the Air Force with a 20 percent disability rating was in error because the Department of Veterans Affairs (DVA) subsequently awarded him a 90 percent disability rating for his service-connected disabilities. The regulation governing the Air Force’s disability evaluation system, AFI 36-3212,...

  • AF | BCMR | CY2008 | BC-2007-01005

    Original file (BC-2007-01005.DOC) Auto-classification: Approved

    The AFPC/DPPD evaluation is at Exhibit C. The BCMR Medical Consultant is of the opinion that the applicant’s total combined permanent disability percentage should be increased from 40 to 60 percent to reflect the severe nature of his bilateral foot pain, which prevented him from reasonably performing his military duties. In the applicant’s case, the Air Force limited its unfit finding to his bilateral foot condition since that was the only condition limiting the performance of his military...

  • AF | BCMR | CY2007 | BC-2006-01958

    Original file (BC-2006-01958.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01958 INDEX CODE: 108.00, 110.00 XXXXXXX COUNSEL: JOHN F. LEGRIS HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 1 JAN 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: Her disability separation, with severance pay be changed to a disability retirement with a disability rating of 40 percent; in the alternative, be reinstated in...

  • AF | BCMR | CY2012 | BC 2012 05881

    Original file (BC 2012 05881.txt) Auto-classification: Denied

    The 2003 surgery and disc herniation was not “in the line of duty,” so she is predisposed for back pain/disc herniation from a pre-existing non-military back injury.” On 28 Aug 07, an Informal LOD determination concluded the applicant’s major depressive disorder related to her back pain was “in the line of duty.” On 29 Aug 07, the Department of Veterans Affairs (DVA) awarded the applicant a 100 percent combined disability rating, based upon the loss of use of both lower extremities. The...

  • AF | BCMR | CY2013 | BC 2012 05881

    Original file (BC 2012 05881.txt) Auto-classification: Denied

    The 2003 surgery and disc herniation was not “in the line of duty,” so she is predisposed for back pain/disc herniation from a pre-existing non-military back injury.” On 28 Aug 07, an Informal LOD determination concluded the applicant’s major depressive disorder related to her back pain was “in the line of duty.” On 29 Aug 07, the Department of Veterans Affairs (DVA) awarded the applicant a 100 percent combined disability rating, based upon the loss of use of both lower extremities. The...

  • AF | BCMR | CY2004 | BC-2003-01236

    Original file (BC-2003-01236.doc) Auto-classification: Denied

    On 26 July 2001, the SAFPC determined the applicant was physically unfit for continued military service due to a physical disability which existed prior to service and directed she be separated without disability benefits. The disability processing records indicate the applicant was treated fairly throughout her DES process and was properly rated under disability laws and policy at the time of her medical discharge. The applicant’s case was processed through the medical...

  • AF | BCMR | CY2010 | BC-2010-03132

    Original file (BC-2010-03132.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03132 COUNSEL: HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: The findings of the USAF Physical Evaluation Board (PEB) be corrected to reflect injuries he sustained while on active duty and the reasons for his medical retirement. The applicant’s case was forwarded to the FPEB and they concurred with the...

  • AF | BCMR | CY2008 | BC-2007-03284

    Original file (BC-2007-03284.doc) Auto-classification: Denied

    On 15 Dec 63, the Secretary of the Air Force Personnel Counsel (SAFPC) reviewed his rebuttal to the FPEB findings and concurred with the IPEB's recommendation. The VA disability rating code initially utilized in 1963 by the PEB was reportedly 9203, indicating "Schizophrenia, paranoid type," and VA rating code 9208 was utilized in the final PEB action, depicting a "Delusional Disorder." The complete BCMR Medical Consultant's evaluation is at Exhibit...