RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02083 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be retired by reason of physical disability, rather than 
discharged with severance pay. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He would have been disability retired has his diagnoses of major 
depressive disorder, sleep apnea and migraine headaches been 
addressed in the 25 April 2007 Medical Evaluation Board (MEB) 
narrative summary and on the 30 May 2007, AF Form 356, Findings 
and Recommended Disposition of USAF Physical Evaluation Board. 

 

He was on active duty from 5 May 1999 through June 2007. In 
2007, he had a medical evaluation board (MEB) for his lower back 
problem. He also had three chronic conditions; depression, 
migraine headaches, and sleep apnea, that were not considered by 
neither the MEB nor any of his other medical boards. All 
conditions were diagnosed while he was on active duty. 

 

The Air Force (AF) discharged him with a 20 percent disability 
rating for his back. However, the Department of Veterans 
Affairs (DVA) granted him a 40 percent disability rating just 
for his back. The VA also rated his three chronic health 
conditions immediately upon his leaving active duty in 2007. 

 

In support of his request, the applicant provided copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, DVA rating/decision letter, evaluation boards’ findings, 
and MEB summary and medical records. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to documents extracted from the automated records 
management system (ARMS) the applicant enlisted in the Air Force 
on 5 May 1999. 


 

On 25 April 2007, the applicant was evaluated by a Medical 
Evaluation Board (MEB) after he was involved in motor vehicle 
collision, which was a rollover-type accident. The outcome of 
his medical conditions were; an L1 compression fracture and 16 
degrees of kyphosis between T-12 and L1. He was found to 
require permanent restrictions in the form of; no lifting more 
than 50 pounds, no carrying backpacks over 50 pounds, no 
physical activity outside of his normal work-related duties. He 
was required to avoid running, bending or stooping at the waist. 
The board findings indicated it was in the best interest of the 
applicant as well as the Air Force that he be medically retired 
since he would not be able to return to his job or any job 
without restrictions and would not be able to return to any kind 
of deployment readiness again and may be in permanent pain. 

 

On 30 May 2007, the USAF Physical Evaluation Board evaluated the 
applicant’s case and found him unfit for duty and recommended 
temporary retirement with the maximum disability rating of 40 
percent in accordance with the Department of Defense and 
Veterans Administration Schedule for Rating Disabilities 
guidelines. On 29 June 2009, the applicant was placed on the 
TDRL with a compensable physical disability rating of 40 
percent. 

 

Effective 28 June 2007, the applicant was released from active 
duty with an honorable characterization of service and a 
narrative reason for separation of “disability, temporary.” He 
was credited with 8 years, 1 month and 24 days of active duty 
service. His grade at the time of discharge was Senior Airman 
(SrA), E-4, with an effective date of pay grade of 
18 October 2001. 

 

On 12 December 2008, the Informal Physical Evaluation Board 
(IPEB) reevaluated the applicant’s case and found that his 
medical condition had improved and appeared to have stabilized 
since being placed on TDRL. The IPEB recommended discharge with 
severance pay with a disability rating of 20%. The applicant 
did not concur with the IPEB recommendation and requested an 
appearance before the Formal Physical Evaluation Board (FPEB) 
and subsequently the Secretary of the Air Force Personnel 
Council (SAFPC). Both the FPEB and SAFPC concurred with the 
recommendation for discharge with severance pay with a 
disability rating of 20 percent. Effective 4 January 2010, the 
applicant was removed from the TDRL and discharged with 
severance pay. 

 

________________________________________________________________ 

 

 

 

 

 

AIR FORCE EVALUATION: 


 

AFPC/DPPD recommends denial. DPPD states the preponderance of 
evidence reflects that no error or injustice occurred during the 
disability processing or at the time of separation. 

 

The Department of Defense (DoD) and Department of Veterans 
Affairs disability evaluation systems operate under separate 
laws. Under Title 10, U.S.C., Physical Evaluation Boards must 
determine if a member’s condition renders them unfit for 
continued military service relating to their office, grade, rank 
or rating. The fact that a person may have a medical condition 
does not mean that the condition is unfitting for continued 
military service. To be unfitting, the condition must be such 
that it alone precludes the member from fulfilling their 
military duties. If the Board renders a finding of unfit, the 
law provides appropriate compensation due to the premature 
termination of their career. Further, it must be noted the USAF 
disability boards must rate disabilities based on the member’s 
condition at the time of evaluation; in essence a snapshot of 
their condition at that time. It is the charge of the DVA to 
pick up where the AF must, by law, leave off. Under Title 38, 
the DVA may rate any service-connected condition based upon 
future employability or reevaluate based on changes in the 
severity of a condition. This often results in different 
ratings by the two agencies. 

 

Regarding the applicant’s contention that additional medical 
conditions should have been considered on the medical boards, 
upon review of the case, the narrative summary listed the 
following medical conditions as past medical history: 
depression, migraines (with aura), and non-organic sleep 
disorders. The physical evaluation boards may rate any 
condition they find that renders the service member unfit for 
continued military service, the fact that a person may have a 
medical condition does not mean that the condition is unfitting 
for continued military service. To be unfitting, the condition 
must be such that it alone precludes the member from fulfilling 
their military duties. In this case there was no evidence of 
any additional unfitting conditions and the applicant did not 
petition to add any additional conditions during the disability 
evaluation processing. 

 

The complete AFPC/DPPD evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 27 June 2012 for review and comment within 30 days 
(Exhibit D). To date, this office has not received a response. 

 

 

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 Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. The Board took 
note of the applicant’s contention that he had three chronic 
conditions; depression, migraine headaches, and sleep apnea, 
that were not considered during his processing through the 
Military Disability Evaluation System. However, the evidence 
available to us reflects that his disability discharge for 
Chronic Low-Back Pain Status L4-S1 Spinal Fusion was properly 
executed and we find no basis to warrant disturbing the record. 
There was no evidence of any additional unfitting conditions and 
the applicant did not petition to add any additional conditions 
during the disability evaluation process. In view of the above 
and in the absence of evidence to the contrary, we find no 
compelling basis to recommend granting the relief sought in this 
application. 

 

________________________________________________________________ 

 

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 this application 
in Executive Session on 15 February 2013, under the provisions 
of AFI 36-2603: 

 

 Panel Chair 

Member 

 Member 

 

The following documentary evidence was considered in AFBCMR 
Docket number BC-2012-02083: 

 

 Exhibit A. DD Form 149, dated 9 May 2012, w/atchs. 


 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPPD, dated 14 June 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 27 June 2012. 

 

 

 

 

 

 Panel Chair