RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04033
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her reason for separation be changed to reflect a medical
discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was unable to meet the fitness test running standards
because of foot pain while training for the test. Nothing was
done about her plantar fasciitis. She was told to get gel shoe
liners which did not help. She finally received a diagnosis in
January 2011. It was suggested she receive physical therapy;
however, she was never given an appointment.
In support of her appeal, the applicant provides a copy of her
rating from the Department of Veterans Affairs, DD Form 214, Certificate of Release or Discharge from Active Duty, copies of
her medical records and other supporting documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 9 December
2008. On 12 April 2011 she was notified of her commanders
intent to discharge her from the Air Force for unsatisfactory
performance. Specifically, she failed to meet Air Force
standards by receiving four unsatisfactory fitness test scores
within 12 months. She consulted counsel and submitted matters
on her behalf. On 29 April 2011, the discharge was approved.
She was honorably separated on 16 May 2011 and credited with
serving 2 years, 5 months and 8 days on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. Hindsight
suggests the applicant may have received a questionable
assessment and recommendation from her primary care manager by
not electing to place her on a restricted running profile. The
Medical Consultant opines the applicants provider otherwise
recommended appropriate therapies and evaluations of plantar
fasciitis, but a reasonable-minded provider might have also
temporarily prohibited running activities via AF Form 422, Medical Profile, until the plantar fasciitis had shown clinical
improvement. While the plantar fasciitis may have resulted from
her increased training efforts to pass the fitness testing, the
condition itself did not cause all of the fitness failures.
Furthermore, in her response to the discharge action, she does
not attribute the foot ailment to her fitness failure, but
instead provides a discussion of her hopes to get training in
communications or the computer field.
The military Disability Evaluation System (DES) was established
to maintain a fit and vital fighting force and can only offer
compensation for those service incurred diseases or injuries
that renders members unfit for continued service and the cause
for career termination, and then, only for the degree of
impairment present at the time of separation and not based on
future progression of disease or injury. Thus the mere presence
of a medical diagnosis does not automatically qualify a member
for disability evaluation and a medical discharge.
Additionally, there must be evidence that the condition imposed
certain duty restrictions or impacted worldwide qualification of
a sufficient level and duration, generally at or exceeding
12 months or when not expected to improve. The case file does
not contain evidence to suggest the applicants medical
condition caused an impediment to duty of a sufficient level or
duration that would have justified a medical basis for
discharge.
The applicant has received disability compensation from the DVA
for plantar fasciitis. It should be noted that the DVA operates
under a different set of laws and is authorized to offer
compensation for any medical condition with an established nexus
with military service without regard to and independent of its
proven or demonstrated impact upon a members fitness to serve
or narrative release from service. Therefore, members may
receive a compensation rating from the DVA for service-connected
medical conditions that were not unfitting for service at the
time of release from the military.
Should the Board decide the applicant should have received a
medical discharge based on a hypothetical competing opinion that
she should have been exempted from the run portion of her
fitness testing, it should be noted that this will not result in
a retroactive net financial gain to the applicant since she
would have only been eligible for discharge with severance pay
for a medical condition that would have been rated at 10 percent
if found unfit by the Physical Evaluation Board. In such a
case, the applicants monthly DVA compensation would not have
begun until after the sum of the severance pay disbursement was
off-set by the total monetary equivalent of monthly DVA
compensation. The applicants DVA payments began effective the
day after her discharge date, which might mandate pay-back to
the DVA if now issued severance pay. There is no evidence
supplied to support an alternative option of directing the
applicants return to duty or changing her reenlistment code to
allow her to return to duty, not withstanding her desire for a
totally different career field.
A preponderance of the evidence reflects that the applicants
commander acted properly in carrying out the spirit of the AFI
36-2905 in the discharge action against the applicant.
The complete BCMR Medical 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 2 November 2012, for review and comment within
30 days (Exhibit D). 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We
carefully considered the available evidence of record; however,
we found no indication the actions taken to effect the
applicants discharge were improper or contrary to the
provisions of the governing instructions. Therefore we agree
with the opinion and recommendation of the BCMR Medical
Consultant and adopt his 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 AFBCMR Docket
Number BC-2011-04033 in Executive Session on 18 December 2012,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Oct 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. BCMR Medical Consultant, dated 1 Nov 12.
Exhibit D. Letter, SAF/MRBR, dated 2 Nov 12.
Panel Chair
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