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AF | BCMR | CY2010 | BC-2009-02006
Original file (BC-2009-02006.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02006
            INDEX CODE:  108.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was medically retired.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not fully comprehend the ramifications of his  concurrence  with  the
recommendations of the Physical Evaluation Board (PEB) at the  time  of  his
discharge.  He did not understand the long-term implication  and  difference
between a discharge and a retirement.  He  was  treated  for  several  other
combat-related injuries and illnesses.  He tried to include them in his  PEB
but was advised by the Disability Branch to  accept  the  PEB  findings  and
submit a request for correction of his records after separation.

In support of his request, the applicant submits copies  of  his  Department
of Veteran Affairs Rating Decision and extracts from his medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  24  Jun  03.   He  was
progressively promoted to the grade of senior  airman  having  assumed  that
grade effective and with a date of rank of 8 Dec 05.  On 12 Dec 08,  he  was
honorably discharged for disability and received severance pay.   He  served
5 years, 5 months and 19 days on active duty.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate office of the Air Force at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSD recommends denial.  DPSD  states  the  applicant  was  released
from active duty service  for  diagnoses  of  chronic  low  back  pain  with
radiation to left thigh, with mild L5-S1  intervertebral  disc  degenerative
changes.  The Informal Physical Evaluation Board (IPEB) also determined  the
disability was the direct result of armed  conflict  or  was  caused  by  an
instrumentality of war; incurred in the line of duty during a period of  war
and was the direct result of a combat-related injury.  The IPEB  recommended
the applicant’s discharge with severance pay with a disability rating of  10
percent.  The applicant concurred with the findings and  a  separation  date
of 12 Dec 08 was established.   The  applicant  did  not  request  a  Formal
Physical Evaluation Board hearing nor did he apply  for  limited  assignment
status in order to remain on active duty.

The complete DPSD evaluation is at Exhibit C.

_________________________________________________________________

BCMR Medical Consultant’s Evaluation:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states the Military Disability Evaluation System (MDES), can only,  by  law,
offer compensation for the specific medical  conditions  that  are/were  the
cause for career termination  and  then  only  to  the  degree  of  severity
present at the “snap-shot”  in  time  at  final  disposition.   The  Medical
Consultant opines it  was  the  applicant’s  chronic  low  back  pain  which
terminated his career.

The Rating Decision rendered by the Department  of  Veterans  Affairs  (DVA)
granted the applicant a 30 percent  disability  rating  for  Patelleofemoral
Syndrome, a 30 percent rating for  an  Adjustment  Disorder,  a  10  percent
rating for lumbar sacral strain with intermittent radiculopathy,  and  a  10
percent disability rating for  Gastreoesophageal  Reflux  Disease;  however,
the Medical Consultant finds  no  evidence  of  record  that  any  of  these
conditions (except for his back ailment) adversely impacted his  ability  to
perform military service or would have/should have  independently  been  the
cause for terminating his career.

Adjustment  Disorder  falls  under  a  category  of  non-compensable  mental
disorders that, if significantly interfering with  the  applicant’s  ability
to  perform  military  service,  could  have  resulted  in  an   involuntary
discharge, but not for his somatic ailments.   Additionally,  based  on  the
mental health assessment conducted in conjunction with his  MEB,  there  was
no evidence of a diagnosable Axis I or Axis II mental disorder.

The DVA operates under a different set of laws and is  authorized  to  offer
compensation  for  any  medical  condition  determined  service-incurred  or
aggravated, without regard to its  proven  or  demonstrated  impact  upon  a
service member’s retainability or ability to perform military service.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE AND BCMR MEDICAL CONSULTANT’S EVALUATIONS:

Copies of the  Air  Force  and  BCMR  Medical  Consultant  evaluations  were
forwarded to the applicant on 6 Nov 09 for  review  and  comment  within  30
days.  As of this date, this office has received no response (Exhibit E).

_________________________________________________________________

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 an error or injustice.  The applicant’s  contentions  are  duly
noted; however, in our opinion, the detailed comments provided  by  the  Air
Force office of primary  responsibility  and  the  BCMR  Medical  Consultant
adequately  address  these  allegations.   Therefore,  we  are  in  complete
agreement with the comments and recommendations of these offices  and  adopt
their rationale as the basis for our decision that  the  applicant  has  not
been the victim of either an error  or  injustice;  therefore,  we  find  no
basis to recommend granting the relief sought.

_________________________________________________________________

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  BC-2009-02006  in
Executive Session on 30 Mar 10, under the provisions of AFI 36-2603:

      Vice Chair
      Member
      Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 May 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSD, dated 12 Aug 09.
    Exhibit D.  Letter, BCMR Medical Consultant, dated 3 Nov 09.
    Exhibit E.  Letter, SAF/MRBR, dated 6 Nov 09.




                                   Vice Chair

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