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AF | BCMR | CY2010 | BC-2010-04170
Original file (BC-2010-04170.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04170 

 COUNSEL: 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her discharge with disability severance pay be changed to a 
medical retirement. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was discharged with severance pay from the Air Force/Air 
National Guard; however, she should have been medically retired. 

 

All of her medical issues were present when she was honorably 
discharged, and she was rated at 60 percent disability by the 
Physical Evaluation Board (PEB). 

 

She has been rated at 90 percent by the Department of Veterans 
Affairs (DVA). 

 

In support of her request, the applicant provides copies of her 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, documents pertaining to her Medical Evaluation Board (MEB), 
DVA records, and a letter from her husband. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 1 Aug 03, the applicant entered active duty. 

 

On 18 Apr 05, the applicant met an Informal Physical Evaluation 
Board (IPEB), which found her unfit and recommended she be placed 
on the Temporary Disability Retired List (TDRL) with a disability 
rating of 60 percent. She concurred with the decision on 22 Apr 
05. 

 

On 22 Jun 05, she was released from active duty and placed on the 
TDRL with a 60 percent disability for pulmonary embolism. 

 

On 8 Jan 07, a TDRL re-evaluation was conducted, and at that time 
there was no evidence of persistent or recurrent embolism. 
Although no longer presenting a current functional impairment, it 
was determined that her predisposition for recurrence (5 to 20 
percent) posed an unreasonable risk for return to duty. 


 

On 24 Jan 07, the applicant mailed in her concurrence to the 
Board’s findings and elected to receive the severance pay. 

 

On 18 Feb 07, she was removed from the TDRL and discharged with 
severance pay in the grade of master sergeant by reason of 
physical disability with a zero percent disability rating. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial. DPSD states the fact that a person 
may have a medical condition does not mean the condition is 
unfitting for continued military service. To be unfitting, the 
condition much 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 
premature termination of their career. Further, it must be noted 
the USAF 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 Department of Veteran Affairs (DVA) to pick up where the Air 
Force must, by law, leave off. Under Title 38, Veterans’ 
Benefits, the DVA may rate any service-connected condition based 
upon future employability or reevaluate based on changes in the 
severity of the condition. This often results in different 
ratings by the two agencies. The applicant was not boarded for a 
bipolar or anxiety disorder for which the DVA has rated 
70 percent and 30 percent, respectfully. 

 

The complete DPSD evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 2 Aug 11, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 15 days. To date, a 
response has not been received (Exhibit C). 

 

_________________________________________________________________ 

 

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 opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 


rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. Therefore, 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 Docket Number 
BC-2010-04170 in Executive Session on 1 Sep 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 1 Nov 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPSD, dated 19 Nov 10. 

 Exhibit C. Letter, SAF/MRBR, dated 2 Aug 11. 

 

 

 

 

 

 Panel Chair 



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