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AF | BCMR | CY2009 | BC-2009-00150
Original file (BC-2009-00150.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00150 

 COUNSEL: 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His discharge be changed from a disability discharge with 
severance pay to a disability retirement. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Based on his disability rating from the Department of Veteran 
Affairs (DVA), he should have been medically retired in 1997. 

 

His medical issue is permanent and was incurred in the line of 
duty while serving his country. He planned to spend at least 20 
years in the military and was under the impression he should 
have been retired because he was a career airman with a 
permanent injury that prohibited him from accomplishing his 
assigned duties. 

 

He decided to take the separation and not appeal it due to 
personal issues. 

 

He experienced verbal harassment from other noncommissioned 
officers (NCOs) and not being able to run again or walk long 
distances, he was isolated from his fellow airmen. He was 
forced to ride in the back of a truck during monthly squadron 
runs and hand out water even though he was an NCO. 

 

In support of his request, the applicant provides personal 
statements, a copy of his Informal Physical Evaluation Board 
(IPEB) findings, a copy of his DD Form 214, Certificate of 
Release or Discharge from Active Duty, his DVA rating with 
additional DVA correspondence, a statement from his surgeon, and 
a message from AFPC/DPPD, dated 2 Jul 97. 

 

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

 

_________________________________________________________________ 

 

 

 

 

 

STATEMENT OF FACTS: 


 

The applicant entered the Regular Air Force on 9 Jun 86. On 
28 Jan 97, he was placed on a physical profile restricting him 
to desk duties. On 15 May 97, he underwent a Medical Evaluation 
Board. On 12 Jun 97, the IPEB rated him at a 10 percent 
disability rating and recommended discharge with severance pay. 
The applicant concurred with the findings on 1 Jul 97 and he was 
discharged on 15 Sep 97. 

 

He was reevaluated by the DVA and given a combined 40 percent 
disability rating on 18 Mar 98. 

 

Other relevant facts are outlined in the BCMR Medical 
Consultant’s evaluation at Exhibit F. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPPD recommends denial. DPPD states the preponderance of 
evidence reflects no error or injustice occurred during the 
disability process. 

 

DPPD further states the Department of Defense and the DVA 
operate under separate laws. Under Title 10, U.S.C., Physical 
Evaluation Boards (PEB) must determine if a member’s condition 
renders them unfit for continued military service relating to 
their office, grade, rank or rating. The fact that a person may 
have a medical condition does not mean that the condition is 
unfitting for continued for military service. To be unfitting, 
the condition must be such that it alone precludes the member 
from fulfilling their military duties. If the board renders a 
finding of unfit, the law provides appropriate compensation due 
to the premature termination of their career. Further, it must 
be noted that Air Force disability boards must rate disabilities 
based on the member’s condition at the time of evaluation; in 
essence a snapshot of their condition at that time. It is the 
charge of the DVA to pick up where the Air Force must, by law, 
leave off. Under Title 38, the DVA may rate any service-
connected condition based 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 complete AFPC/DPPD evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He was awarded a 10 percent disability rating from the IPEB for 
knee pain only. It was an injustice for his Osteochrondritis 
Dissecans condition, post operative, to not be considered by the 
IPEB. He understands and concurs that his back injury was not 
part of the IPEB and is not warranted for consideration. 


 

His 20 percent DVA rating combined with his 10 percent Air Force 
rating would provide him with a 30 percent rating needed for a 
medical retirement. 

 

He has lost the ability to run, jump, climb, walk for an 
extended period, and perform everyday as a normal person because 
of his injury and subsequent surgeries. He walks with an 
extreme limp due to failed operations and his future prognosis 
is an artificial joint. The only reason he did not have it when 
he was in the military was due to his age. He has been told he 
has to suffer the pain and wait until age 50 because of the 
service life of artificial joints. 

 

His quality of life has suffered and he did not fully understand 
the disservice and injustice brought on him by the decision of 
the IPEB. 

 

The applicant's complete response, with attachments, is at 
Exhibit E. 

 

_________________________________________________________________ 

 

ADDITIONAL EVALUATION - BCMR MEDICAL CONSULTANT EVALUATION: 

 

The BCMR Medical Consultant recommends denial. The BCMR Medical 
Consultant states the preponderance of evidence reflects no 
error or injustice occurred during the USAF disability review 
and rating process. 

 

The BCMR Medical Consultant noted the DVA chose to award 
separate disability ratings for Degenerative Arthritis and 
Osteochrondritis Dissecans. The Consultant opines, from a 
functional standpoint, use of a singular unifying code to depict 
the applicant’s functional impairment is more appropriate; to do 
otherwise risks pyramiding disability rating awards. The 
Medical Consultant believes that this would have been made clear 
had the entry on the applicant’s AF Form 356, Findings and 
Recommendations of USAF Physical Evaluation Board, been written 
as it appeared on the applicant’s AF Form 618, Medical Board 
Report, which reads: “Chronic left knee pain due to 
Osteochrondritis Dissecans.” 

 

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

 

_________________________________________________________________ 

 

 

 

 

 

APPLICANT’S REVIEW OF BCMR MEDICAL CONSULTANT’S EVALUATION: 

 


A copy of the BCMR Medical Consultant’s evaluation was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
G). 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

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 BCMR Medical Consultant and adopt their 
rationale as the basis for our conclusion 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-
2009-00150 in Executive Session on 30 September 2009, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered for Docket 
Number BC-2009-00150: 


 

 Exhibit A. DD Form 149, dated 9 Jan 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Memorandum, AFPC/DPPD, dated 23 Feb 09. 

 Exhibit D. Letter, SAF/MRBR, dated 3 Apr 09. 

 Exhibit E. Applicant’s Rebuttal, 14 Apr 09. 

 Exhibit F. Memorandum, BCMR Medical Consultant, 

 Dated 19 Jun 09. 

 Exhibit G. Letter, SAF/MRBR, dated 31 Jul 09. 

 

 

 

 

 

 Panel Chair 

 



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