RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01811 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His disability discharge, with severance pay (DWSP) be changed 
to a medical retirement. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was discharged with a 10 percent disability rating, with 
severance pay. Upon discharge, he immediately filed and was 
awarded a 50 percent combined rating from the Department of 
Veterans Affairs (DVA) for bipolar disorder, major depressive 
disorder, Nephrolithiasis, and post-traumatic stress disorder 
(PTSD), which he believes was present at discharge. 

 

In support of his appeal, the applicant provides a copy of his 
DVA disability rating decision. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant, a senior airman served as an Eagle, Electrical, 
and Environmental Systems Journeyman, with a date of rank of 
16 Apr 05. On 20 Feb 07, the Informal Physical Evaluation Board 
(IPEB) found the applicant’s condition of chronic right lower 
abdominal pain with unknown etiology unfitting and recommended 
DWSP, with a disability rating of 10 percent; however, on 
6 Mar 07, the applicant non-concurred with the IPEB findings. 
The applicant’s case was forwarded to the Formal PEB (FPEB) and 
they concurred with the findings of the IPEB. On 30 Apr 07, the 
applicant agreed with the findings of the FPEB. The applicant’s 
case was reviewed by the Secretary of the Air Force Personnel 
Council (SAFPC), on 7 May 07, and they directed the applicant be 
disability separated from active service. 

 

On 20 Jun 07, the applicant was honorably discharged under the 
provisions of AFI 36-3208, with a disability rating of 


10 percent, with severance pay. He was credited with 4 years, 
9 months, and 11 days of active duty service. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends denial. The applicant 
entered military service on 10 Sep 02 and was discharged by 
reason of a disability with entitlement to severance pay, on 
20 Jun 07. The record shows the applicant was under extensive 
evaluations and treatment for depression and anxiety, kidney 
stones, and chronic right lower abdominal pain from 2004 to his 
discharge in 2007. He ultimately underwent a Medical Evaluation 
Board (MEB) and his case was referred to a Physical Evaluation 
Board (PEB) for a determination of his fitness to serve. The 
IPEB and FPEB found the applicant unfit only for his chronic 
right lower abdominal pain and rated the condition at 
10 percent. The applicant's depressive disorders and anxiety 
disorder were not found unfitting. 

 

The BCMR Medical Consultant notes the DVA has rated the 
applicant at 30 percent for a newly diagnosed Bipolar Disorder, 
10 percent for abdominal pain, and 10 percent for kidney stones; 
despite the fact that the multiple medical assessments and 
specialty consultations during the applicant's military service 
failed to attribute kidney stones as the cause of his abdominal 
pain; and thus, chose not to list this as an unfitting clinical 
disorder. Additionally, although the applicant indeed carried a 
co-morbid diagnosis of Major Depressive Disorder (and at one 
point was diagnosed with Pain Disorder and Anxiety Disorder) 
there is no clear evidence that either diagnosis individually 
interfered with the applicant's military service to the extent 
that should have been a contributory cause for career 
termination. If anything, the condition could have been listed 
as Major Depressive Disorder secondary to abdominal pain, Major 
Depressive Disorder associated with abdominal pain or as 
Abdominal Pain with secondary depression. Neither the IPEB/FPEB 
nor DVA took this tact. Additionally, since his discharge a DVA 
examiner made a new diagnosis of Bipolar Disorder; but did not 
make it clear whether the Bipolar Disorder represented 
correction of an erroneous diagnosis or represented a completely 
de novo diagnosis retroactively connected with military service. 
Therefore, there is insufficient evidence among the applicant's 
service and DVA medical documentation to invalidate the accuracy 
or appropriateness of the diagnoses (pl.) he received during 
military service; which was based upon the symptoms he reported 
or displayed at the time. 

The Consultant concludes the applicant has not met the burden of 
proof of an error or injustice that warrants the desired change 
of the record. 

 

The complete BCMR Medical Consultant evaluation is at Exhibit C. 

 


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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He reiterated his original contentions that his other medical 
conditions, specifically, the bipolar disorder, kidney stones, 
and gastro esophageal reflux disease (GERD), should have been 
rated as a part of his disability separation. Subsequent to his 
initial rating, the DVA has increased his combined rating to 
70 percent. 

 

In support of his appeal, the applicant provides a copy of his 
DVA rating decision updated. 

 

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

 

________________________________________________________________ 

 

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. The applicant requests his DWSP be changed to a 
medical retirement. However, it appears based on the 
preponderance of the evidence that the applicant’s disability 
rating of 10 percent was properly adjudicated and we found no 
evidence which would lead us to believe that his separation was 
in error or contrary to the governing Air Force instructions. 
The applicant’s 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. In 
addition, we note the Military Disability Evaluation System 
(MDES) only offers compensation for the medical condition that 
is the cause for career termination; and then only to the degree 
of impairment present at the time of final disposition or 
military separation. Conversely, the Department of Veterans 
Affairs (DVA) operates under a separate set of laws which takes 
into account the fact that a person can acquire physical 
conditions during military service that, although not unfitting 
at the time of separation, may later progress in severity and 
alter the individual's lifestyle and future employability. Thus 
the two systems represent a continuum of medical care and 
disability compensation that starts with entry on to active duty 
and extends for the life of the veteran. Therefore, we agree 
with the recommendation and adopt the rationale expressed as the 
basis for our decision that the applicant has failed to sustain 
his burden that he 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-2010-01811 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 2 Jan 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, BCMR Medical Consultant, 

 dated 8 Nov 10. 

 Exhibit D. Letter, SAF/MRBR, dated 12 Nov 10. 

 Exhibit E. Letter, Applicant, dated 3 Dec 10, w/atchs. 

 

 

 

 

 Panel Chair