AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PRPOCEEDINGS
DOCKET NUMBER: BC-2012-02228
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be permanently retired by reason of physical disability,
rather than returned to duty. (Submitted amended request by
letter dated, 15 February 2013).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her TDRL re-evaluation was improperly conducted and she should
have been medically retired, rather than returned to duty. In
this respect, she contends the following:
1. On 3 May 2011, she was seen at Wilford Hall Medical Center
(WHMC) for her TDRL re-evaluation examination. When she tried
to give her doctor her medical records from her civilian
cardiologist he stated he did not need them because he had
copies from her previous TDRL evaluation in September 2007, and
was going to mirror that evaluation.
2. Her evaluation contained erroneous statements so she emailed
AFPC/DPSDD (Temporary Disability Retirement Branch) regarding
the errors. However, no changes were made.
3. After her examination she signed her orders and asked if she
could leave her medical records so they could be given to the
board. In November 2011, she received her medical records in
the mail; however, the package was not opened because it was
sealed the way she had left it.
4. Her evaluation was done differently than the one in 2007.
She feels it was rushed and improperly completed. The doctor
noted she had anxiety and it was also noted on the AF Form 356,
Findings and Recommended Disposition USAF Physical Evaluation
Board. She does not have anxiety and nowhere has this been
noted from her other doctors.
5. In July 2011, when she received her findings she called WHMC
and spoke with a senior airman who informed her that all her
records were reviewed and if she had new documentation she could
appeal the decision and request a formal hearing. She did not
have any new evidence and concurred with the findings. This was
one of the worst decisions she ever made. She should have non-
concurred and requested a Formal Physical Evaluation Board
(FPEB) hearing.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 24 January 2001, the applicant enlisted in the Regular Air
Force.
On 9 February 2006, a Medical Evaluation Board (MEB) convened to
consider the applicant for continued active duty. The board
recommended the applicant be referred to an Informal Physical
Evaluation Board (IPEB) based on the diagnoses of Ectopic Atrial
Rhythm and Spontaneous Atrial Tachycardia. On 14 February 2006,
the applicant was informed of the findings and recommendations
of the board and did not provide a letter of exception or
rebuttal.
On 8 March 2006, the IPEB reviewed the case and found the
applicant unfit and recommended her placement on the TDRL with a
30 percent disability rating in accordance with (IAW) Department
of Defense (DoD) and Veterans Administration Schedule for Rating
Disabilities (VASRD) guidelines. The IPEB noted that she had
declined further “ablation surgery.”
On 9 March 2006, the applicant concurred with the findings and
recommended disposition of the IPEB. On 10 Mar 06, the
Secretary of the Air Force Personnel Council (SAFPC) directed
the applicant’s name be placed on the TDRL. On 26 May 06, the
applicant was placed on the TDRL with a compensable disability
rating of 30 percent. She was credited with five years and four
months active duty service for retirement.
On 3 October 2006, the Department of Veterans Affairs granted
the applicant service-connection for Cardiac Dysarrhythmia with
Supraventricular Tachycardia with a 30 percent disability
rating.
On 19 February 2008, the applicant underwent an IPEB TDRL
reevaluation. The IPEB found the applicant fit for duty and
recommended removal from the TDRL and return to duty. The IPEB
noted “your medical condition has stabilized and no longer
prevents you from performing duties commensurate with your rank
and grade. Since your ablation, you have been asymptomatic with
no further palpitations, loss of consciousness, syncope, chest
pain, or dyspnea. Your echocardiogram showed no significant
abnormalities.”
On 20 February 2008, the applicant concurred with the findings
of the IPEB. On 4 April 2008, SAFPC directed the applicant’s
2
name be removed from the TDRL and she be discharged without
benefits. On 24 April 2008, the applicant’s name was removed
from the TDRL and she was discharged in the grade of senior
airman without entitlement to disability severance pay and given
the option.
On 27 April 2009, a MEB convened to consider the applicant for
continued active duty. The board recommended the applicant be
referred to an IPEB for Palpitations. On 7 May 2009, the
applicant was informed of the findings and recommendations of
the board.
On 2 July 2009, the IPEB again reviewed the case and found the
applicant unfit and recommended discharge with severance pay
with a 10 percent disability rating IAW DoD and VASRD
guidelines. The IPEB noted “your medical condition prevents you
from reasonably performing the duties of your office, grade,
rank or rating.” On 13 Jul 09, the applicant non-concurred with
the findings and recommended disposition of the IPEB and
requested a formal hearing with counsel.
On 24 September 2009, the applicant requested a Summary
Adjudication of her case contending she was unfit for continued
military service due to supraventricular tachycardia and that
her condition is best rated at a 30 percent disability rating
under VASRD section 7010 due to more than four episodes of
supraventricular tachycardia documented by her Holter monitor
per year and permanent retirement.
On 28 September 2009, based on a review of the medical evidence,
the FPEB determined her condition was unstable and recommended
placement on the TDRL with a 30 percent disability rating IAW
DoD and VASRD guidelines. The applicant concurred with the
findings and recommend disposition of the FPEB.
On 20 October 2009, SAFPC directed the applicant’s name be
placed on the TDRL. On 17 Dec 09, the applicant was placed on
the TDRL with a compensable disability rating of 30 percent.
In a letter dated 21 April 2011, the applicant’s cardiologist
noted “she has been symptom free for over a year and has
undergone noninvasive evaluation to assess her current
cardiovascular status in hopes of returning to active duty. A
recent Holter monitor showed normal sinus rhythm and ectopic
atrial rhythm with an overall preserved heart rate. This was a
24-hour Holter monitor and was noted that patient exercised
twice during the 24-hours. She underwent stress testing to her
predicated max heart rate of approximately 200 beats per minute,
without symptoms, ischemic changes or arrhythmia induction.”
On 19 July 2011, an IPEB found the applicant unfit and
recommended discharge with severance pay with a 10 percent
disability rating IAW DoD and VASRD guidelines. The IPEB noted
“the applicant’s condition had improved since being placed on
3
on
any
of
her
tacharrhythmias
the TDRL and appears to have stabilized. She continues to have
symptomatic premature ventricular contractions (PVCs), to
include dyspnea and anxiety. However, there is no evidence of
sustained
telemetry
monitoring/Holter, and her symptoms correlate with PVCs and
occasional sinus tachycardia at low rates.” The IPEB also noted
“her condition impacts her ability to deploy and serve in
overseas/remote assignments, which is not compatible with the
fundamental expectations of military service.”
On 25 July 2011, the applicant concurred with the recommended
findings. On 2 August 2011, SAFPC directed the applicant’s name
be removed from the TDRL and that she be discharged with
severance pay. On 21 August 2011, the applicant was removed
from the TDRL and discharged in the grade of staff sergeant by
reason of physical disability, with entitlement to 10 percent
severance pay. She was credited with 10 years, 6 months and
26 days of active duty service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD defers to the Board to determine if the medical
evidence submitted indicates the applicant should have been
removed from the TDRL-Fit.
DPSD states the preponderance of the evidence reflects no error
or injustice occurred during the disability process.
The complete DPSD evaluation is at Exhibit C.
AFPC/DPSOA makes no recommendation. DPSOA states the applicant
was given an erroneous reenlistment eligibility (RE) code of 4K,
which denotes “medically disqualified for continued service, or
the airman is pending evaluation by MEB/PEB” on her DD Form 214,
Certificate of Release or Discharge from Active Duty for the
period ending 25 May 2006. The correct RE code should have been
2Q, which denotes “personnel medically retired or discharged.”
The applicant’s DD Form 214 will be corrected unless directed
otherwise by the Board.
DPSOA states the applicant’s DD Form 214 for the period ending
16 Dec 09, reflects the correct RE code of 2Q.
The complete DPSOA evaluation, with attachment, is at Exhibit D.
_________________________________________________________________
APPLICANT’S REVIEW OF THE AIR FORCE EVALUATION:
In a letter dated 10 Nov 12, the applicant reiterates her
original contentions. She feels her TDRL evaluation on 3 May
4
2011, was mishandled, she has provided numerous reasons as to
why, and evidence to support her claim.
The applicant’s complete response is at Exhibit E.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of her request to
be returned to duty. The Medical Consultant states the
applicant has been placed twice on the TDRL, the first following
which she was returned to duty, only to experience a recurrence
of symptoms despite having received medical and surgical
ablative treatment. Although the applicant again denies
experiencing shortness of breath, palpitations and fainting
spells; and has recently obtained an evaluation which
demonstrated normal cardiac function on stress testing, the
Medical Consultant opines there remains an undefined risk for an
unexpected recurrence of symptoms that pose a preventable risk
to the applicant’s health and well-being and the Air Force
mission.
The Medical Consultant finds this particularly important in the
context of the operational conditions confronting members of all
Military Departments; and sparing no particular Service
component or career field. Moreover, after consulting DoD
Instruction (DoDI) 6130.03, Medical Standards for Appointment,
Enlistment, or Induction in the Military Service, it is noted
that “History of supraventricular tachycardia, History of
recurrent atrial fibrillation or flutter” is disqualifying.
Nevertheless, “supraventricular tachycardia associated with an
identifiable reversible cause and no recurrence during the
preceding two years while off all medications “does” meet the
standard.” The memorandum from the applicant’s cardiologist,
dated 21 April 2011, suggests the applicant could qualify for
service entry, if she has remained without recurrence and off
all medications, as of 11 April 2013. Again, the Medical
Consultant opines the collective unknown health risks, uncertain
return on investment in retraining, and liability of the Air
Force should she experience an unexpected recurrence of her
rhythm disturbance under operational conditions without access
to emergency intervention, outweigh the propriety of changing
the RE code and returning the applicant to active military
service. Therefore, the Medical Consultant opines the applicant
has not met the burden of proof of an error or injustice that
warrants the desired change of the record.
The complete AFBCMR Medical Consultant evaluation is at Exhibit
G.
_________________________________________________________________
5
APPLICANT’S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:
On 15 Feb 13, by letter, the applicant amended her request and
now ask to be medically retired instead of being returned to
duty. The applicant states the DVA granted her service-
connection for Cardiac Dysarrhythmia with Supraventricular
Tachycardia with a 30 percent disability rating; therefore, she
qualifies for a medical retirement.
In further support of her appeal, the applicant provides a
personal statement, copies of her Department of Veterans Affairs
(DVA) disability rating letters, and various other documents in
support of her request.
The applicant’s complete submission, with attachments, is at
Exhibit H.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. The applicant
amended her original request to be returned to active duty and
now requests she be medically retired. We took notice of the
applicant’s complete submission, to include her rebuttal
comments in judging the merits of the case and do not find that
it supports a change in her military record. While the
applicant was granted a 30 percent disability rating for Cardiac
Dysarrhythmia with Supraventricular Tachycardia by the DVA and
now believes she should be given an appropriate rating by the
Air Force to entitle her to a medical retirement. We disagree.
In this respect, we note, 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. 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.
Therefore, the fact that since her discharge she received a 30
percent disability rating from the DVA is not determinative of
her level of impairment at the time of her release from active
duty. In view of the above and in the absence of evidence to
6
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 AFBCMR Docket
Number BC-2012-02228 in Executive Session on 7 March 2013 and
15 March 2013, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
29 Jan 13.
Exhibit A. DD Form 149, dated 17 May 12, w/atchs.
Exhibit B. Military Master Personnel Records
Exhibit C. Letter, AFPC/DPSD, dated 15 Jun 12.
Exhibit D. Letter, AFPC/DPSOA, dated 11 Sept 12, w/atch.
Exhibit E. Letter, SAF/MRBR, dated 23 Oct 12.
Exhibit F. Letter, Applicant, dated 10 Nov 12.
Exhibit G. Letter, BCMR Medical Consultant, dated
Exhibit H. Letter, SAF/MRBC, dated 31 Jan 13.
Exhibit I. Letter, Applicant, dated 15 Feb 13, w/atchs.
Panel Chair
Member
Member
Panel Chair
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