RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00172
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her disability discharge, with severance pay (DWSP) be changed
to a medical retirement.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was discharged with a 10 percent disability rating, with
severance pay. Upon discharge, she immediately filed and was
awarded a 100 percent combined rating from the Department of
Veterans Affairs (DVA) for fibromyalgia, degenerative disc
disease, and major depression.
In support of her appeal, the applicant provides a copy of her
Social Security Administration (SSA) and DVA disability rating
decisions.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant, a technical sergeant, served as a Computer
Systems Operations Craftsman, with a date of rank of 1 Feb 03.
On 12 Dec 05, the Informal Physical Evaluation Board (IPEB)
found the applicants condition of chronic neck pain, status
post C5-6 and C6-7 fusion, with normal neurodiagnostic studies,
seasonal allergic rhinitis, and history of colon polyps
unfitting and recommended DWSP, with a disability rating of
10 percent. The applicants case was forwarded to the Formal
PEB (FPEB) and they concurred with IPEBs findings, with
additional findings of myofascial pain syndrome (Fibromyalgia-
like) unfitting, and recommended DWSP, with a disability rating
of 10 percent; on 8 Feb 06, the applicant disagreed with the
findings of the FPEB. The applicants case was forwarded to the
Secretary of the Air Force Personnel Council (SAFPC), on
7 Jun 06, and they directed the applicant be disability
separated from active service, with a compensable disability
rating of 10 percent.
On 25 Jul 06, the applicant was medically disability discharged
under the provisions of AFI 36-3212, with a compensable
disability rating of 10 percent, with severance pay. She was
credited with 13 years, 2 months, and 12 days of active duty
service.
________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial.
The applicant entered military service on 14 May 93 and was
discharged by reason of a disability with entitlement to
severance pay, on 25 Jul 06. The applicant was treated with
conservative pain management which was not beneficial and
underwent surgical fusion of C5, C6, and C7 in Aug 2004. The
fusion was not successful in relieving the applicant's pain and
she continued to have conservative pain management treatment.
The applicant felt she was no longer fit for military duty and
discussed retirement with her Primary Care Manager (PCM) who
agreed and recommended a Medical Evaluation Board (MEB). Her
case was subsequently forwarded to SAFPC, who found no
substantial evidence the applicant's myofascial pain had
independently cut her military service short. SAFPC did not
overturn the findings of the IPEB and FPEB. They encouraged the
applicant to utilize the DVA to address her long term health
care needs and to adjust the disability rating award should her
level of impairment change over time. The Board also explained
the Military Disability Evaluation System (MDES), chartered to
maintain a fit and vital force can only compensate service
members for the condition that precluded the performance of
military service and only to the degree of severity at the time
of case disposition.
The applicant has appropriately taken advantage of the DVA to
continue to address her long term health care needs and to have
her disability rating adjusted as her condition has worsened.
However, that does not change what her condition was, or its
level of severity, at the time of separation. In addition, the
findings of the Social Security Disability system have no
bearing on the determination of separation from the military.
The complete BCMR Medical Consultant 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 4 Aug 10 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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, it appears based on the preponderance of the
evidence, the applicants disability rating of 10 percent was
properly adjudicated and we found no evidence which would lead
us to believe that her separation was in error or contrary to
the governing Air Force instructions. The applicants case has
undergone an exhaustive review by the BCMR Medical Consultant
and we did not find the evidence provided sufficient to overcome
his assessment of the case. Therefore, we agree with his
recommendation and adopt the rationale expressed as the basis
for our decision that the applicant has failed to sustain her
burden that she has suffered from an error or injustice. In the
absence of evidence to the contrary, we find no 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-2010-00172 in Executive Session on 23 February 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jan 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant,
dated 28 Jul 10.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 10.
Panel Chair
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