AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

   

 

 

 
 

 

 
 
 

 

 
 
 

 

   
XXXXXXX 

 

HEARING DESIRED:  NO 

DOCKET NUMBER:  BC-2011-03498 
  

 
 
     COUNSEL:  NONE 

IN THE MATTER OF: 
 
 
 
 
 
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He  be  considered  for  disability  retirement  by  a  Medical 
Evaluation Board (MEB). 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
His early retirement just four months prior to reaching 20 years 
of  service,  was  expedited  to  avoid  either  a  mistake  by  the  125th 
Fighter  Wing  or  to  prevent  him  from  receiving  benefits  or  a 
disability rating. 
 
He was never afforded an opportunity to meet an MEB to determine 
whether  he  was  eligible  for  a  disability  rating  or  immediate 
retirement  based  on  20-years  of  service.    Although  he  had  been 
approved  for  20-year  retirement,  his  unit  command  demanded  that 
he  take  the  Worldwide  Duty  Evaluation,  based  on  a  Line  of  Duty 
(LOD)  determination  for  exercise-induced  asthma,  establishing  a 
an earlier retirement date of 30 April 2008. 
 
The  Department  of  Veterans  Affairs  (DVA)  has  since  rated  his 
conditions,  which  were  incurred  in  the  line  of  duty,  at  40 
percent. 
 
In  support  of  the  appeal,  the  applicant  submits  his  personal 
statement,  extracts  from  his  personnel  records,  one  page  of  the 
DVA  rating  decision,  and  correspondence  concerning  the  inquiry 
from his member of Congress, and the responses. 
 
Applicant’s  complete  submission,  with  attachment,  is  at  Exhibit 
A. 
 
________________________________________________________________ 
 
 
 

STATEMENT OF FACTS: 
 
The  applicant  is  a  former  member  of  the  Florida  Air  National 
Guard.  During the periods 14 October 1988 through 16 March 1989 
and  12  August  1996  through  29  April  1996,  he  served  on  active 
duty.  He last entered active duty on 1 October 1998. 
 
An  18  March  2005,  Line  of  Duty  determination  found  the 
applicant’s  anxiety  and  depression  to  have  been  incurred  in  the 
line of duty. 
 
On 3 February 2007, he was released from active duty. 
 
The  ANG  Surgeon  General’s  Office,  received  a  Worldwide  Duty 
Evaluation  (WWDE)  on  27  February  2008,  recommending  the 
applicant  be  found  medically  disqualified  for  military  duty  due 
to  his  inability  to  discontinue  the  use  of  his  anti-depressants 
due  to  the  possibility  of  decompensation,  his  inability  to 
deploy  to  a  hostile,  austere  environment,  and  his  inability  to 
deploy  to  an  area  that  might  contain  limited  access  to  medical 
care. 
 
On  28  February  2008,  he  was  assigned  to  the  Retired  Reserve 
Section effective 10 August 2008; however, on 19 June 2008, this 
action  was  revoked  because  the  processing  of  a  voluntary 
retirement  is  prohibited  when  a  member  is  undergoing  disability 
evaluation. 
 
On  5  March  2008,  he  was  advised  that  a  Medical  Evaluation  Board 
(MEB_  determined  that  he  was  medically  disqualified  for 
worldwide and that he could appeal the determination through the 
Disability Evaluation System (DES). 
 
On  23  October  2008,  he  was  assigned  to  the  Retired  Reserve 
Section  effective  30  April  2008  and  advised  of  his  entitlement 
to retired pay at age 60 (26 November 2029). 
 
On 27 February 2009, he underwent a WWDE and was found medically 
disqualified  for  worldwide  duty  due  to  exercise-induced  asthma 
and depression. 
 
The DVA has awarded him a combined compensable disability rating 
of  40  percent  for  major  depressive  disorder/anxiety  disorder, 
rated  at  30  percent;  exercise  induced  asthma,  rated  at  10 
percent and hypertension, rated at zero percent. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
The AFBCMR Senior Medical Advisor, recommends denial and states, 
in  part,  that  at  the  time  of  the  MEB  the  applicant  did  not  meet 
qualifying  requirements  for  processing  through  the  Disability 
Evaluation  System  (DES),  i.e.,  20  years  of  service  computed 

 

 

under  10  USC  1208  and  an  unfitting  disability  of  at  least  30 
percent that was incurred in the line of duty.  In addition, the 
MEB  determined  that  although  the  condition  was  determined  to 
have  been  in  the  line  of  duty,  it  was  not  unfitting,  and  he  was 
approved  for  a  continued  service  waiver.    However,  there  is  no 
evidence  of  a  new  LOD  being  completed  addressing  whether  his 
condition was considered to have existed prior to service (EPTS) 
LOD  not  applicable  when  the  February  2008  WWDE  was  conducted, 
which is the key determinant of his eligibility for a second MEB 
and  further  processing  through  the  DES.    Any  medical  condition 
incurred  or  aggravated  during  one  period  of  service  or 
authorized  training  that  recurs  or  is  aggravated  during  later 
service  or  authorized  training,  regardless  of  the  time  between, 
should  normally  be  considered  incurred  in  the  line  of  duty 
provided  the  condition  or  subsequent  aggravation  was  not  the 
result of the member’s misconduct or willful negligence.  In the 
applicant’s  case,  he  provides  no  evidence  to  indicate  the 
circumstances  leading  to  his  final  disqualification  was  the 
result  of  permanent  aggravation  of  the  condition  beyond  its 
expected  natural  progression  as  a  result  of  his  military 
service.    There  is  also  no  evidence  to  reflect  his  medical 
conditions  were  permanently  aggravated  during  the  likely  non-
active  period  in  which  he  was  disqualified;  even  though  it  was 
previously  considered  in  the  line  of  duty  during  an  active 
period  of  military  service.    Under  the  “eight-year  rule”  there 
is  a  presumption  that  a  disabling  condition  was  incurred  in  the 
line  of  duty,  if  the  member  has  at  least  eight  years  of  service 
and  the  condition  was  determined  to  be  unfitting  while  the 
member  was  on  active  duty  orders  for  30-days  or  more.    However, 
this does not apply to the applicant, as there is no evidence he 
was  orders  for  30-days  or  more  when  his  condition  prompted  the 
WWDE.    With  respect  to  the  combined  rating  he  received  from  the 
DVA,  it  should  be  noted  the  DVA  rates  for  all  conditions  that 
are  service-connected,  without  regard  to  its  impact  upon  a 
member’s  retainability,  fitness  to  serve,  or  the  narrative 
reason for release from a final period of service. 
 
The AFBCMR Senior Medical Advisor’s evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
Although  the  applicant  provides  no  rebuttal  comments,  he 
provides additional evidence in support of his request, which is 
at Exhibit E. 
 
________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 
 

 

 

2.  The  application  was  not  timely  filed;  however,  it  is  in  the 
interest of justice to excuse the failure to timely file. 
 
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  AFBCMR  Senior  Medical  Advisor  and  adopt  his  rationale  as 
the  basis  for  our  conclusion  the  applicant  has  not  been  the 
victim  of  an  error  or  injustice.    Therefore,  in  the  absence  of 
evidence  to  the  contrary,  we  find  no  compelling  basis  to 
recommend granting the relief sought in this application. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2011-03498 in Executive Session on 26 June 2012, under 
the provisions of AFI 36-2603: 
 

 
 
 

XXXX, III, Panel Chair 
XXXX, Member 
XXXX, Member 

 dated 20 Apr 12. 

 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 1 Sep 11, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Memorandum, AFBCMR Senior Medical Advisor, 
 
    Exhibit D.  Letter, SAF/MRBC, dated 2 May 12. 
    Exhibit E.  Letter, Applicant, 21 May 12, w/atchs. 
 
 
 
 
                                   XXXX 
                                   Panel Chair