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AF | BCMR | CY2012 | BC-1992-00643-2
Original file (BC-1992-00643-2.pdf) Auto-classification: Denied
ADDENDUM TO 

RECORD OF PROCEEDINGS 

 
 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 
 
DOCKET NUMBER:  BC-1992-00643 
IN THE MATTER OF: 
 
   
COUNSEL:  NONE 
HEARING DESIRED:  NOT INDICATED 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His  permanent  medical  retirement  compensable  disability  rating 
be increased to 100 percent.   
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant was honorably discharged, on 22 Sep 91, by reason 
of  Early  Separation  Program  –  Strength  Reduction.    He  received 
$9000.00  in  separation  pay.    He  was  credited  with  10  year, 
4 months, and 3 days of active duty service. 
 
A similar appeal was considered by the Board, on 17 Nov 92, and 
the applicant’s record was corrected as follows: 
 
a.  On 22 September 1991, he was found unfit to perform the 
 
duties  of  his  office,  rank,  grade  or  rating  by  reason  of 
physical  disability  incurred  while  entitled  to  receive  basic 
pay;  that  the  diagnosis  in  his  case  was  disc  herniation  at C5-
6 level,  severe,  recurring  attacks,  with  intermittent  relief, 
rated at 40 percent; and that the disability may be permanent. 
 
 
b.  He  was  not  discharged  under  the  Early  Separation 
Program – Strength Reduction, on 22 September 1991, but on that 
date he was relieved from active duty and, on 23 September 1991, 
his  name  was  placed  on  the  Temporary  Disability  Retired  List 
(TDRL).    For  an  accounting  of  the  facts  and  circumstances 
surrounding  the  applicant’s  separation,  and,  the  rationale  of 
the  earlier  decisions  by  the  Board,  see  the  Records  of 
Proceedings at Exhibit G. 
 
Based on the available evidence of record, the Informal Physical 
Evaluation Board (IPEB) recommended the applicant be permanently 
retired with a compensable disability rating of 40 percent.   
 
The  applicant  was  initially  rated  by  the  Department  of  Veteran 
(DVA)  with  a  compensable  disability  rating  of  10  percent  in 
1991.  In 1999, his compensable disability rating was increased 

to 70 percent by the DVA and in 2000 he was granted individual 
unemployability. 
 
Through his Member of Congress, the applicant submits a request 
to  have  his  medical  retirement  increased  to  100  percent.    He 
contends  that  based  on  the  increase  of  his  compensable 
disability  rating  by  the  Department  of  Veterans  Affairs  (DVA), 
which  increased  his  ratable  condition  to  70  percent  disabled 
with  30  percent  for  individual  unemployability,  then  his 
disability retirement from the Air Force should be increased as 
well. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit H. 
 
________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
After  carefully  reviewing  this  application  and  the  evidence 
provided  in  support  of  the  appeal,  we  were  not  persuaded  that 
the applicant’s corrected medical retirement with a compensable 
disability  rating  of  40  percent  should  be  increased.    In  his 
most recent submissions, the applicant asserts that because the 
DVA increased his rating to “70 percent disabled with 30 percent 
for  individual  unemployability”  warrants  an  increase  to  his 
rating  with  the  Air  Force;  however,  in  our  view,  the  evidence 
provided by the applicant is not sufficient to support a finding 
that  the  applicant’s  permanent  disability  rating  should  be 
increased  to  100  percent.    In  addition,  the  applicant  is 
reminded  that  the  Military  Disability  Evaluation  System  (MDES) 
only  offers  compensation  for  the  medical  condition  that  is  the 
cause  for  career  termination;  and  then  only  to  the  degree  of 
impairment present at the time of final disposition or military 
separation  and  not  based  on  future  progression  of  the  disease.  
Conversely,  the  Department  of  Veterans  Affairs  (DVA)  operates 
under a separate set of laws which takes into account the fact 
that  a  person  can  acquire  physical  conditions  during  military 
service that, although not unfitting at the time of separation, 
may  later  progress  in  severity  and  alter  the  individual's 
lifestyle  and  future  employability.    Thus,  the  two  systems 
represent  a  continuum  of  medical  care  and  disability 
compensation  that  starts  with  entry  on  to  active  duty  and 
extends for the life of the veteran.  In view of the above, we 
find no basis upon which to recommend favorable consideration of 
the applicant’s request. 
 
________________________________________________________________ 
 
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 

 

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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  this  application 
in  Executive  Session  on  19  June  2012,  under  the  provisions  of 
AFI 36-2603: 
 
The following documentary evidence was considered: 
 
 
                with Exhibits. 
 
                dated 5 Aug 11, with attachments. 
 
 
 
 
                                   Panel Chair 
 

Exhibit G.  Record of Proceedings, dated 28 Dec 92, 
Exhibit H.  Applicant’s Letter, Member of Congress,  

 

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