RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01461 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show he was awarded a disability 
retirement rather than being separated with “Disability, Severance 
Pay.” 

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was not rated with the correct medical disability rating when he 
separated from the Air Force in 2004. The Medical Evaluation Board 
(MEB) rated his medical disabilities at 20 percent; however, the 
Department of Veterans Affairs (DVA) rated his medical disabilities 
at 60 percent. The DVA rating was based on the same medical 
disabilities as were rated by the MEB, but the rating differs by 40 
percent. He recently found out that the MEB should have used the 
same rating scale as the DVA. 

 

In support of his request, the applicant provides a copy his AF 
Form 618, Medical Board Report, a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, a copy of his 
MEB summary, and a copy of his DVA rating. 

 

His complete submission, with attachments, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 21 Nov 00 and 
was progressively promoted to the grade of senior airman (E-3), 
having assumed that grade effective and with a date of rank of 
21 Mar 03. 

 

At the end of 2002, the applicant reported abdominal pain which 
reflected a musculosketal etiology. In May 03, the applicant 
reported that he could not sleep and was fatigued. He was 
recommended for a sleep study. In Dec 03, the sleep study was 
completed which confirmed he had mild obstructive sleep apnea (OSA) 
as well as narcolepsy. 

 

On 21 Jan 04, the applicant’s case was referred to the Informal 
Physical Evaluation Board (IPEB). The IPEB found him unfit for 
further military service and recommended separation with severance 


pay with a 20 disability rating. On 17 Feb 04, the applicant 
accepted the unfit finding and a 20 percent disability rating 
determination. 

 

The applicant was honorably discharged on 2 Apr 04. His narrative 
reason for separation on his DD Form 214 reflects “Disability, 
Severance Pay.” 

 

He served 3 years, 4 months, and 12 days on active duty. 

 

___________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial. DPSD addresses how the Department of 
Defense (DoD), operating under Title 10, United States Code 
(U.S.C.), only provides disability compensation for the medical 
condition(s) which is (are) the cause for career termination, and 
then only for the degree of impairment present at the time of final 
military disposition. It must be noted the 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 
the time. It is then the charge of the DVA to pick up where the 
Air Force leaves off. The DVA is authorized to offer compensation 
for any illness or injury determined service-incurred or 
aggravated, without regard to its demonstrated impact upon a 
service member’s retainability, fitness to serve, or underlying 
reason for separation. In this case, the preponderance of evidence 
reflects that no error or injustice occurred during the applicant’s 
disability processing. 

 

The DPSD complete evaluation is at Exhibit C. 

 

The BCMR Medical Consultant recommends approval. The Medical 
Consultant states the National Defense Authorization Act of 2008 
prohibited the use of any Service or DoD policies that resulted in 
a lower disability rating. Services are now required to utilize 
the Veterans Administration Schedule for Rating Disabilities 
(VASRD) in making its disability rating determinations. The 
applicant was found unfit for further military service due to OSA 
in 2004. His medical condition necessitated the use of a 
continuous positive airway pressure (CPAP) device; therefore, he 
should now receive a 50 percent disability rating for OSA and 
20 percent disability rating for narcolepsy, for a combined rating 
of 60 percent, which qualifies him for a medical retirement. The 
Medical Consultant acknowledges that under today’s standards the 
applicant might have been considered for retention on active duty 
based upon his otherwise demonstrated ability to perform military 
service. However, since the applicant was found unfit under 
standards at the time of separation, the Medical Consultant opines 
that he should receive disability ratings for each condition. 

 

The BCMR Medical Consultant evaluation is at Exhibit D. 

 


___________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the applicant 
on 14 Sep 10 for review and comment within 30 days. As of this 
date, this office has received no 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. Sufficient relevant evidence has been presented to demonstrate 
the existence of an error or injustice warranting corrective 
action. In this respect, after a thorough review of the evidence 
of record it appears the applicant’s medical condition was rated 
properly at the time of his separation. However, since his 
separation, the NDAA of 2008 subsequently prohibited the use of any 
policies that resulted in a lower disability rating than that 
authorized in the VASRD. Accordingly, the Board majority agrees 
with the assessment of the BCMR Medical Consultant and recommends 
the applicant’s records be corrected to reflect that he was 
medically retired from the Air Force by reason of a physical 
disability rather than “Disability, Severance Pay.” Accordingly, 
it is the Board majority’s opinion that his records should be 
corrected as indicated below. 

 

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 issue involved. 
Therefore, the request for a hearing is not favorably considered. 

 

___________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

A majority of the panel finds sufficient evidence of error or 
injustice and recommends the application be approved. The 
pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that: 

 

 a. On 2 Apr 04, he was found unfit to perform the duties of his 
office, rank, grade, or rating by reason of physical disability, 
incurred while he was entitled to receive basic pay; that the 
diagnosis in his case was Obstructive Sleep Apnea, VASRD Code 6847, 
rated at 50 percent and narcolepsy, VASRD Code 8108, rated at 
20 percent, for a combined compensable rating of 60 percent; that 


the degree of impairment was permanent; that the disability was not 
due to intentional misconduct or willful neglect; that the 
disability was not incurred during a period of unauthorized 
absence; and that the disability was not received in the line of 
duty as a direct result of armed conflict or caused by an 
instrumentality of war. 

 

 b. On 2 Apr 04, he elected child only coverage under the 
Survivor Benefit Plan (SBP) based on full retired pay. 

 

 c. On 3 Apr 04, he was retired by reason of physical disability 
under the provisions of AFI 36-3212. 

 

___________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket Number 
BC-2010-01461 in Executive Session on 2 Nov 10, under the 
provisions of AFI 36-2603: 

 

  Panel Chair 

  Member 

  Member 

 

By a majority vote, the Board voted to correct the records, as 
recommended. XXX voted to deny the applicant’s request 
and did not desire to submit a minority report. The following 
documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 22 Mar 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 21 May 10. 

 Exhibit D. Letter, BCMR Medical Consultant, dated 10 Sep 10. 

 Exhibit E. Letter, SAF/MRBR, dated 14 Sep 10. 

 
 

 Panel Chair