RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04516 

 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show he was permanently retired due to 
physical disability which was the direct result of a combat 
related injury as defined in 26 United States Code (U.S.C.) 104 
and, that his disability was incurred in the line of duty (LOD) as 
a direct result of armed conflict or caused by an instrumentality 
of war during a period of war. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His records confirm that his Episodic Vertigo was a result of a 
deployment to Ai Sahra, Tikrit, Iraq, from January through July 
2008. Although he did not seek immediate medical attention for 
dizziness symptoms in theater, his condition was exposed upon re-
deployment and all corresponding documents and tests from Jul 08 
through his placement on the temporary disability retired list 
(TDRL) in Sep 09 refer to this. 

 

In support of his appeal, the applicant provides a personal 
statement and excerpts from his military personnel records related 
to his placement on the TDRL and eventual permanent retirement for 
physical disability, which include copies of his medical 
evaluation board (MEB) and two informal physical evaluation board 
(IPEB) proceedings, as well as a plethora of medical records and 
other documents related to his disability processing. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant began his military career on 1 Oct 90 and was 
progressively promoted to the grade of master sergeant (MSgt/E-7) 
effective and with a date of rank of 1 May 04. 

 

On 18 Jun 09, he met a medical evaluation board (MEB) which 
diagnosed the applicant with Episodic Vertigo and recommended he 
meet an IPEB. 


On 14 Sep 09, the IPEB found that his medical condition prevented 
him from reasonably performing the duties of his office, grade, 
rank, or rating and recommended he be placed on the TDRL with a 
combined compensable disability rating of 30 percent for Episodic 
Vertigo. The applicant agreed with the findings and 
recommendation of the IPEB and waived his rights to a Formal PEB 
(FPEB) hearing. On 28 Dec 09, he was relieved from active duty 
and placed on the TDRL, effective 29 Dec 09. He was credited with 
19 years, 2 months, and 28 days of total active service. 

 

On 24 Feb 11, the applicant was notified of an impending periodic 
physical examination as a result of his being on the TDRL. The 
appointment was scheduled for 17 Mar 11. 

 

On 8 Aug 11, after a review of the findings of his periodic 
physical exam, the IPEB recommended he be retained on the TDRL 
with a reevaluation in six months; however, on 18 Aug 11 it was 
recommended he be removed from the TDRL and permanently retired 
for Episodic Vertigo with a combined compensable disability rating 
of 30 percent. 

 

On 29 Aug 11, the applicant agreed with the findings and 
recommendations of the IPEB with regard to his permanent 
retirement for physical disability and waived his rights to an 
appearance before the FPEB. 

 

On 27 Sep 11, the Secretary of the Air Force directed the 
applicant’s name be removed from the TDRL and that he be 
permanently retired under the provisions of Title 10 USC 1201. 
Thus, effective 17 Oct 11, he was permanently retired for physical 
disability in the grade of MSgt with a compensable disability 
rating of 30 percent for physical disability. 

 

The disability was not found to be the direct result of armed 
conflict or caused by an instrumentality of war, or as the direct 
result of a combat related injury as defined in Title 26 USC 104, 
or incurred in the line of duty during a period of war. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSDD recommends denial, indicating there is no evidence of 
an error or injustice. The applicant’s contends that his episodic 
vertigo is combat related due to the time he spent deployed to 
Iraq during Jan through Jul 08; however, the applicant admits to 
not seeking immediate medical attention for his dizziness at the 
time he began experiencing it and there is no LOD determination as 
to the initial onset of his first vertigo attack. There is no 
evidence in the record to show particular combat stressors as the 
cause of the applicant’s episodic vertigo, and, as such, his 
condition does not meet the criteria for combat relation due to 
new medical evidence for the time in question. Additionally, in 
view of the fact the applicant did not dispute the findings and 
recommendation of the IPEB and he has not submitted any new 


medical evidence for the time in question for review by the Board, 
there is no justification for considering the vertigo as combat 
related. A preponderance of the evidence reflects that no error 
or injustice occurred during the disability process including his 
retirement. 

 

DPSDD’s complete evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant reiterates his argument that he began experiencing 
dizziness for the first time in Apr 08 while deployed to a hostile 
area/combat zone in support of Operation Iraqi Freedom (OIF). He 
made the decision not to seek medical care as he believed it could 
have an adverse effect on his deployment and possibly his future. 

Even though he was quite dizzy, his commitment to the Air Force 
was such that he felt he could still perform at an acceptable 
level in spite of the dizziness. 

 

The bottom line is that his condition came about during the 
performance of his duties in a combat zone while working with Army 
aviation assets, including helicopters and their associated 
arsenals, as well as other weapons systems; all related to 
instrumentalities of war. 

 

His ultimate goal was to continue his service in a different Air 
Force specialty (AFS) but this was not made available to him. He 
further notes he suffers from small fiber neuropathy diagnosed in 
Oct 11 which he believes is directly attributed to his three tours 
of duty in southwest Asia. 

 

Applicant’s complete response is at Exhibit C. 

 

_________________________________________________________________ 

 

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 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 the applicant has not 
been the victim of an error or injustice. While the applicant 
contends that his condition came about in the performance of his 
duties while in a combat zone working on an airfield on a daily 
basis around U.S. Army assets, including helicopters and their 
weapons systems, his assertion that he experienced symptoms while 


deployed in support of a contingency operation is not sufficient, 
in and of itself, to support a combat-related determination. For 
his disability to be considered incurred in the LOD as a result of 
an instrumentality of war, his injury or disability would have had 
to been caused by a vehicle, vessel, or device designed primarily 
for military service and intended for use in such service at the 
time of the occurrence or injury. In our view, the applicant has 
not shown by a preponderance of evidence that his vertigo meets 
any of the criteria listed. While he indicates he worked in and 
around military weapons during a time of conflict, the evidence 
presented is insufficient to convince us there is a causal 
relationship between his vertigo and armed conflict, hazardous 
service, or an instrumentality of war. Therefore, in the absence 
of evidence to the contrary, we are not inclined to substitute our 
judgment for that of responsible officials who determined the 
applicant’s vertigo was not the result of armed conflict, 
hazardous service, or an instrumentality of war. 

 

_________________________________________________________________ 

 

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-2011-04516 in Executive Session on 3 May 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 7 Nov 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSDD, dated 11 Jan 12. 

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

 Exhibit E. Letter, Applicant, dated 25 Feb 12. 

 

 

 

 

 

 Panel Chair