RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01813 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her honorable discharge be changed to a disability discharge. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The Department of Veterans Affairs (DVA) has rated her at 
30 percent for her service connected disabilities. Her injuries 
were the direct result of a deployment to Iraq. She conducted 
20 battlefield circulation missions, logging nearly 3,000 miles 
through Iraq from Aug 07 through Feb 08. She was identified for 
separation during a reduction in force (RIF) board and decided 
to separate under the Force Management Program and received 
Voluntary Separation Pay. She is now being told that she must 
pay back her entire VSP before receiving VA compensation. She 
will not receive VA disability payments until 2037. Also, if 
she is medically retired, she will qualify for Combat Related 
Special Compensation (CRSC). 

 

In support of her request, the applicant provides copies of 
correspondence related to her DVA rating decision and copies of 
her temporary duty orders and a decoration certificate related 
to the noted deployment to Iraq. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to the applicant’s military personnel records, she 
served in the Regular Air Force in the grade of captain (O-3). 
On 22 Jun 10, the applicant was honorably discharged due to 
force shaping and transferred to the non-obligated/non-
participating ready personnel section (NNRPS) of the Air Reserve 
Personnel Center. She received separation pay in the amount of 
$186,860.52 and was credited with 14 years and 7 days of total 
active service. 


According to information provided by the applicant, on 4 May 11, 
the DVA notified her of their decision to issue her a combined 
compensable disability rating of 30 percent for her cervical 
strain (claimed as back pain) and lumbar spine strain (claimed 
as back pain). 

 

The military service disability system, operating under Title 
10, United States Code (USC), can only offer compensation for 
those service incurred diseases or injuries which specifically 
rendered a member unfit for continued active service and were 
the cause for career termination, and then only for the degree 
of impairment present at the "snap shot" time of separation and 
not based on future disease progression. Thus, the mere 
presence of a medical condition during military service does not 
automatically constitute a basis for a disability separation or 
retirement. 

 

On the other hand, the DVA disability system, operating under 
Title 38, USC, takes into account physical conditions that, 
although not unfitting at the time of separation, may later 
progress in severity and alter the individual’s lifestyle and 
future employability. With this in mind, Title 38, USC, 
provides the DVA authority to award compensation ratings for 
conditions that were not unfitting for military service at the 
time of separation. 

 

On 22 Nov 11, the applicant was voluntarily reassigned from 
NNRPS to an Air Force Reserve unit as a participating reserve 
member. 

 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility (OPR) which is attached at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSOS recommends denial, indicating there is no evidence of 
an error or injustice. The applicant’s DD Form 214 accurately 
reflects the reason for her separation. She was separated from 
the Air Force on 22 Jun 10 under the provisions of the Calendar 
Year 2010 Officer Reduction in Force and was provided Voluntary 
Separation Pay (VSP) with an honorable discharge. She was 
issued a DD Form 214, which indicated she was separated due to 
Force Shaping – VSP. The DD Form 214 was properly completed. 
The applicant did acknowledge that if she later became eligible 
for disability compensation through the DVA, the DVA would 
withhold payments until the amount withheld equals her VSP 
payment. While the applicant was notified that Air Force policy 
mandates a medical examination in certain circumstances in 
accordance with AFI 48-123, Medical Examinations and Standards, 
the medical treatment facility determines whether such an 
examination is mandatory or optional. Based on the available 


records, it could not be determined if the applicant received a 
medical examination or whether such examination was deemed 
mandatory or optional. 

 

A complete copy of the AFPC/DPSOS evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to applicant on 
9 Jan 12 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 not 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 error or injustice. It appears the 
applicant believes the DVA's decision to award her a 30 percent 
disability rating for cervical strain and lumbar spine strain 
substantiates that she should have been discharged for physical 
disability rather than being discharged due to force shaping. 
However, after a thorough review of the evidence of record and 
the applicant’s complete submission, we are not persuaded that 
she should have been found unfit for continued military service 
and furnished a disability separation. In this respect, we note 
the military service disability system can only offer 
compensation for those service incurred diseases or injuries 
which specifically rendered a member unfit for continued 
military service and were the cause for career termination. 
However, other than her own assertions, the applicant has 
provided no evidence whatsoever that her medical conditions, 
while service related according to the DVA, rendered her unfit 
for continued military service. In fact, the applicant’s 
subsequent affiliation with an Air Force Reserve unit, an action 
predicated upon her fitness to serve, appears to indicate the 
contrary. We note the comments of the Air Force office of 
primary responsibility indicating they were unable to determine 
if the applicant received a medical examination or whether such 
examination was deemed mandatory or optional; however, based on 
the presumption of regularity in the conduct of governmental 
affairs, absent evidence to the contrary, we must assume the 
applicant was offered the appropriate medical examination at the 
time of her discharge in accordance with the provisions of AFI 
48-123, Medical Examinations and Standards. 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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2011-01813 in Executive Session on 22 Feb 12, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 9 May 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOS, dated 6 Jan 12. 

 Exhibit D. Letter, SAF/MRBR, dated 9 Jan 12. 

 

 

 

 

 

 Panel Chair