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
2
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
3
[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
4
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