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AF | BCMR | CY2012 | BC-2012-00871
Original file (BC-2012-00871.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-00871 
COUNSEL:  DAV 
HEARING DESIRED:  YES 

IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His records be evaluated to include service-connected ratings for 
the following conditions: 
 
    1.  His left wrist. 
 
    2.  His neck and shoulder. 
 
    3.  His lower back. 
 
    4.  His  scoliosis,  degenerative  disc  disease,  sciatic  nerve 
problems. 
 
    5.  Numbness in his left thigh. 
 
    6.  His eye condition (glaucoma in both eyes) 
 
    7.  Bursitis. 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
His medical records need to be corrected; they list him as being 
rated for Hypochondrias.   
 
The  Air  Force  refused/failed  to  evaluate  him  for  the  above 
mentioned medical conditions. 
 
Due  to  his  commander’s  persuasion,  his  physicians  ignored  the 
medical technician’s comments of abnormal results in favor of a 
rating for hypochondrias.   
 
He has been appealing both the Air Force (Hypochondrias) and the 
Department of Veterans Affairs (DVA) (Psychogenic Pain Disorder-
Neurosis)  from  the  onset  of  the  medical  decisions  back  in 
1983 and 1984.   
 
In 1984 and 1985 the Air Force informed him and his chiropractor 
that he had not been hospitalized and no medical records existed.  
A letter to President Reagan in 1986 brought forth a copy of his 
Air  Force  medical  records  without  the  X-rays  and  supporting 
documents requested. 
 
The  DVA  destroyed  his  Disability  Claims  folder  that  was 
established  in  Dec  80  and  continued  through  Jan  84.    He  was 
informed of this during a DVA appeals hearing in Sep 09 and of 

their  attempt  to  rebuild  a  new  folder.    The  DVA  destroyed  his 
medical  records  from  the  Air  Force,  DVA,  and  Professional 
records.   
 
The  DVA  is  only  awarding  service-connected  disability  back  to 
2006, when they rebuilt his disability claims folder-not from the 
date of his discharge. 
 
In  1983  the  physical  evaluation  board  (PEB)  labeled  him  a 
“hypochondriac”  when  he  complained  of  a  pinch  in  his  neck, 
shoulder pain, low back, hip and leg pain, fire going down his 
legs  causing  a  numb  left  thigh,  his  knees  giving  out,  walking, 
standing  and  sitting  problems,  a  loss  of  1.5  inches  in  height, 
and  eye  problems.    Air  Force  x-rays  revealed  a  compression 
fracture  (low  back),  degenerative  disc  disease,  narrow  disc 
spacing, scoliosis, and a greenstick fractured tailbone.  He was 
discharged in Jan 84, being falsely rated for hypochondrias with 
severance pay, while ignoring his eye problems. 
 
All of the above claims originated while he was in the service 
and are documented in his Air Force medical records. 
 
In  support  of  his  request,  the  applicant  provides  a  personal 
statement,  copies  of  surgical  records,  a  chiropractic  exam,  an 
excerpt  of  from  his  medical  history,  his  PEB  transcripts  and 
board  findings,  Department  of  the  Air  Force  letter  regarding 
missing  medical  records,  and  a  statement  from  his  former 
supervisor. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
While  serving  on  active  duty  in  the  Regular  Air  Force,  the 
applicant was processed through the disability evaluation system 
(DES).   
 
On 1 Sep 83, he underwent a Medical Evaluation Board (MEB) for 
“Psychogenic  pain  disorder,  chronic,  moderate,  manifested  by 
severe pain with no organic pathology found” and was referred to 
an Information Physical Evaluation Board (IPEB).   
 
On 7 Sep 83, the IPEB found him unfit and recommended discharge 
with  severance  pay  with  a  10  percent  disability  rating  for 
psychogenic  pain  disorder  with  moderate  social  and  industrial 
impairment, associated with chronic low back and neck pain.  The 
applicant disagreed with this decision and appealed to the Formal 
Physical  Evaluation  Board  (FPEB)  that  the  percentage  be 
increased,  and  that  he  at  least  be  placed  on  the  Temporary 
Disability Retired List (TDRL).  The FPEB upheld the decision of 
the  IPEB  to  separate  the  applicant  with  severance  pay  with  a 
10 percent  disability  rating.    The  FPEB  found  the  applicant’s 
psychogenic  pain  disorder  with  moderate  social  and  industrial 
 
 

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impairment,  associated  with  chronic  low  back  and  neck  pain  was 
incurred  in  the  line  of  duty  in  a  time  of  war.    The  FPEB 
concluded  the  applicant  was  unfit  for  duty  and  recommended 
discharge with severance pay and a 10 percent disability rating. 
 
The applicant did not agree with the decision of the FPEB, and 
submitted a rebuttal statement to the Secretary of the Air Force 
Personnel Council (SAFPC).  The SAFPC concurred with the decision 
of  the  FPEB  and  recommended  a  disability  discharge  with 
10 percent disability rating. 
 
The  applicant  was  discharged  with  severance  pay,  by  reason  of 
physical disability with a 10 percent disability rating.  At the 
time of his discharge he was credited with 7 years, 4 months, and 
15 days of service for pay. 
 
_________________________________________________________________ 
 
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.    After  a 
thorough  review  of  the  evidence  of  record  and  careful 
consideration  of  the  applicant's  contentions,  we  are  not 
persuaded that he has been the victim of an error or injustice.  
The  applicant  requests  a  change  in  his  medical  records  to  show 
that  he  was  evaluated  and  rated  for  an  eye  condition,  and 
injuries to his neck, back, shoulder, left hand, hips and legs.  
He  contends  these  injuries  were  ignored  at  the  time  of  his 
processing through the DES.  However, the evidence provided does 
not  reflect  that  any  of  these  complaints  were  considered 
individually  unfitting  at  the  time  of  the  applicant’s  MEB  and 
release from military service.  We note the military Disability 
Evaluation System (DES), operating under Title 10, United States 
Code  (U.S.C.),  can  by  law  only  offer  compensation  for  the 
illness,  injury,  or  disease  that  is  the  cause  for  career 
termination; and then only to the degree of impairment present at 
the  time  of  final  military  disposition.    Operating  under  a 
different set of laws [Title 38, U.S.C.], the DVA is authorized 
to  offer  compensation  for  any  medical  condition  with  an 
established  nexus  with  military  service;  without  regard  to  its 
demonstrated  impact  upon  a  member’s  fitness  to  serve.    This  is 
the reason why an individual may be released from active military 
service  for  one  reason  and  sometime  thereafter  receive  a 
compensation  rating  for  one  or  more  other  conditions  that  were 
not considered individually unfitting at the time of release from 
military  service.    Moreover,  the  DVA  is  empowered  to  conduct 
periodic  re-evaluations  for  the  purpose  of  adjusting  the 
disability  ratings  [decrease  or  increase]  as  the  level  of 
functional  impairment  from  a  given  medical  condition  may  vary 
 
 

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[improve or worsen] over the lifetime of the veteran.  Therefore, 
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  Docket  Number    
BC-2012-00871  in  Executive  Session  on  4  Jan  12,  under  the 
provisions of AFI 36-2603: 
 
 
   
 
  
      
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 17 Feb 12, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
 
 
 
 
 

 Panel Chair 
 Member 
 Member 

 
Panel Chair 

  
  

 
 

 
 

 
 

 
 

 
 

 
 

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