RECORD OF PRPOCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04044 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His disability rating be increased. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. He was awarded a higher disability rating by the Department 
of Veterans Affairs (DVA) for his service-connected disability 
of major depressive disorder, single episode, associated with 
anxiety disorder, not otherwise specified (NOS); however, the 
Air Force determined his condition could be unfitting but was 
not compensable or ratable. 

 

2. He received a permanent change of station (PCS) assignment; 
was placed on medical hold for two and a half years; and was 
unable to do his job or any meaningful work. 

 

3. He just wanted to get off of medical hold and move on with 
his life. He thought that once he got out he would be able to 
find a job doing what he did while in the military or go back to 
school and get a degree. 

 

4. He was not able to secure employment in the career field he 
had while on active duty because it had been too long since he 
last performed his job and he did not have enough experience. 

 

5. His back bothers him and it is hard for him to sit through 
classes for long periods of time. He is still trying to work 
his way through school, but it is hard given his disabilities. 

 

In support of his request, the applicant provides copies of his 
AF Form 356, Findings and Recommended Disposition of USAF 
Physical Evaluation Board (PEB) and his Department of Veterans 
Affairs (DVA) rating decision. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 1 Oct 03, the applicant enlisted in the Regular Air Force. 


 

The applicant had an approved date of separation (DOS) of 30 Sep 
07; however, he was involved in a mountain bike accident that 
injured his back. The applicant’s separation was cancelled and 
he was subsequently placed on medical hold to have back surgery. 

 

The applicant was assigned to the patient squadron at Andrews 
Air Force Base, MD awaiting a medical evaluation board (MEB). 
On 6 Oct 08 a MEB convened to consider the applicant for 
separation/retirement. The board recommended the applicant be 
referred to an Informal Physical Evaluation Board (IPEB) for 
chronic pain associated with compression fractures T-10-12, L1, 
depressive disorder and his history of testicular cancer that 
was in remission. 

 

On 1 Dec 08, the IPEB reviewed the case and found the applicant 
unfit and recommended discharge with severance pay and a 
disability rating of 10 percent for back pain associated with T-
10-12 and L1 compression fractures. The IPEB determined the 
applicant’s major depressive disorder, single episode, 
associated with anxiety disorder, not otherwise specified; 
testicular cancer in remission; neuralgia, right genitofemoral 
nerve, and tinea pedis were conditions that could have been 
unfitting but were not compensable or ratable at that time. 

 

On 4 Dec 08, the applicant concurred with the findings and 
recommended disposition of the IPEB and waived his right to a 
formal PEB hearing. 

 

On 4 Dec 08, officials within the Office of the Secretary of the 
Air Force (SAF) determined the applicant was physically unfit 
for continued military service and directed an honorable 
discharge with 10 percent severance pay. 

 

On 29 Dec 08, the applicant was discharged, after completing 5 
years, 2 months and 29 days of total active service. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSD recommends denial. The Department of Defense (DoD) 
and the DVA disability evaluation systems (DES) operate under 
separate laws. Under Title 10 USC, PEBs must determine if a 
member’s condition renders them unfit for continued military 
service relating to their office, grade, rank or rating. 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 must 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 the premature termination of their career. 
Further, 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 the charge of the DVA to pick up where the Air 
Force must, by law, leave off. Under Title 38, the DVA may rate 
any service-connected condition based upon future employability 
or reevaluate based on changes in the severity of a condition. 
This often results in different ratings by the two agencies. 

 

Additionally, the preponderance of the evidence reflects that no 
error or injustice occurred during the disability process or the 
rating applied at the time of the Board. 

 

The complete DPSD evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT’S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 20 Dec 11 for review and comment within 30 days 
(Exhibit D). As of this date, no response has been received by 
this office. 

 

_________________________________________________________________ 

 

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 took 
careful 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 view of the above and in the absence of evidence 
to the contrary, we find no basis to recommend granting the 
relief sought in this application. 

 

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

 

_________________________________________________________________ 


 

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-2011-04044 in Executive Session on 10 May 12, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence pertaining was considered: 

 

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

 Exhibit B. Applicant's Military Personnel Records. 

 Exhibit C. HQ AFPC/DPSD, Letter, dated 19 Dec 11. 

 Exhibit D. SAF/MRBR, Letter, dated 29 Dec 11. 

 

 

 

 Panel Chair