RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-00457
                             INDEX CODE:  108.00
                       COUNSEL:  NONE
                                                   HEARING DESIRED:
NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The 10 percent disability rating he received from  the  Department  of
Veterans Affairs (DVA) be added to his 20 percent disability rating in
order to award him permanent disability retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received a 10 percent  disability  rating  from  the  DVA  for  his
anxiety disorder.  The Air Force did not consider this condition  even
though there was clear evidence this was an unfitting condition.

In support of his request, he submitted copies of documents  extracted
from his military personnel and medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular  Air  Force
on 7 Mar 02.  He was progressively promoted  to  the  grade  of  staff
sergeant having assumed that grade effective with a date of rank of  1
Apr 06.

On 2 Nov 06, he underwent a Medical  Board  Evaluation  (MEB)  due  to
right shoulder pain, secondary to degenerative  arthritis.   On  8 Dec
06, his case was reviewed by the Informal  Physical  Evaluation  Board
(IPEB), which rendered a decision to discharge  him  with  a  combined
disability rating of 20 percent for his chronic  right  shoulder  pain
and cubital tunnel syndrome.  On 11 Dec 06, he nonconcurred  with  the
findings of the IPEB and appealed to the  Formal  Physical  Evaluation
Board (FPEB), with a contention that a 10  percent  disability  rating
for his anxiety disorder should be included in the  disability  rating
computation.   A  supplemental  MEB  narrative  was  requested.    The
addendum to the MEB determined the level of his anxiety  disorder  was
minimal and although his physical injuries may have precluded him from
military service, the psychiatrist did not  believe  this  psychiatric
condition would hinder him from serving.  The psychiatrist  found  the
applicant worldwide qualified from a psychiatric standpoint.

On 22 May 07, he was separated with severance pay with  a  20  percent
disability rating.  He served 5 years, 2 months and 16 days on  active
duty.

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AIR FORCE EVALUATION:

AFPC/DPSDD recommends the requested relief be  denied.   DPSDD  states
service connected medical conditions incurred, but not found unfitting
while still on active  duty,  are  not  compensable  under  Title  10,
U.S.C.; however, the DVA may compensate veterans for these conditions.
 The DVA is chartered to provide continual medical care  for  veterans
once they leave active duty.  The  DVA  may  increase  or  decrease  a
member's disability rating based on the  seriousness  of  the  medical
condition through the member's life span.

The complete AFPC/DPSDD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he understands why it  might  seem  no  error  or
injustice occurred.  He was injured while on active duty.  The DVA has
good programs; however, he is locked into their  treatment  plan.   He
has found a new career outside of the  Air  Force,  but  no  insurance
company will pay for his preexisting  military  related  disabilities.
He believes it would only be fair for  the  Air  Force  to  cover  his
service connected health expenses (Exhibit E).

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ADDITIONAL AIR FORCE EVALUATION:

The AFBCMR Medical Consultant  recommends  denial  of  the  requested
relief.  The Medical Consultant states in order for  the  applicant's
anxiety disorder to receive a rating through the military  disability
evaluation  system  (MDES),  the  condition  must  first   be   found
unfitting, and specifically  that  it  interfered  with  the  service
member's ability to perform  his  military  duties,  then,  if  found
unfitting, an appropriate disability rating would be applicable.   In
the applicant's case there is no evidence that his  anxiety  disorder
precluded him from continuing on active  duty.   The  MDES  can  only
offer compensation for the specific medical conditions that cut short
a service member's career, and then only to the degree of severity at
the “snap shot” at time of final disposition.  The DVA is  authorized
to  grant  disability  ratings  to  any  service  connected   medical
condition without regard  to  its  impact  upon  a  service  member's
retainability.  The  DVA  can  periodically  reevaluate  the  service
member for the purpose of adjusting the  disability  ratings,  should
the level of impairment from the medical conditions vary over time.

The AFBCMR Medical Consultant’s complete evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

On 6 May 08, a  copy  of  the  additional  Air  Force  evaluation  was
forwarded to the applicant for review and response within 30 days.  As
of this date, no response has been received by this office.

_________________________________________________________________

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.  Applicant’s contentions are duly
noted; however, we agree with the opinion and  recommendation  of  the
Air Force office of primary  responsibility  and  the  AFBCMR  Medical
Consultant and adopt their rationale as the basis for  our  conclusion
that the applicant  has  not  been  the  victim  of  an  error  or  an
injustice.  Evidence has not been presented which  would  lead  us  to
believe that the disability rating assigned at  final  disposition  of
his case was in error or contrary to the provisions of  the  governing
instruction, which implements the law.  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-
2008-00457 in Executive Session on 16 Jul 08, under the provisions  of
AFI 36-2603:

                       Mr. Jay H. Jordan, Panel Chair
                       Mr. Steven A. Cantrell, Member
                       Mr. Kurt R. LaFrance, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Feb 08, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPSDD, dated 19 Feb 08.
      Exhibit D. Letter, SAF/MRBR, dated 28 Mar 08.
      Exhibit E. Letter, Applicant, not dated.
      Exhibit F. Letter, AFBCMR Medical Consultant, dated  2  May
08.
      Exhibit G. Letter, SAF/MRBR, dated 6 May 08.




                             JAY H. JORDAN
                             Panel Chair