RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02912
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her official records be corrected to reflect that she was
medically retired with a 40 percent disability rating.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her 9 Dec 10 Formal Physical Evaluation Board (FPEB) was unfair.
It gave her a 20 percent disability rating for her fibromyalgia
Syndrome when it should have given her a 30 percent rating. The
FPEB used words like episodic, but failed to mention that in
her records it also said the episodes were daily. The Board
paid no attention to the case. She received a 40 percent
disability rating from the Department of Veterans Affairs (DVA)
and believes that a permanent retirement with 30 percent
disability rating is appropriate.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty on 18 Feb 99, and was
initially diagnosed with fibromyalgia in 2006.
On 10 Sep 08, a Medical Evaluation Board (MEB) referred her to
an Informal Physical Evaluation Board (IPEB), based on the
diagnoses of metabolic syndrome and fibromyalgia.
On 18 Nov 08, the applicant met an Informal PEB (IPEB which
found her unfit for duty and recommended temporary retirement
with a disability rating of 40 percent per the schedule for
rating disabilities in use by the DVA IAW NDAA 2008. The
applicant agreed with the findings and recommendation of the
IPEB.
On 12 Jan 09, the applicant was placed on the Temporary
Disability Retired List (TDRL), with a disability rating of
40 percent for fibromyalgia.
On 16 Aug 10, the applicant underwent a scheduled TDRL re-
evaluation exam. The IPEB recommended the applicant be removed
from the TDRL and discharged with severance pay with a
20 percent disability rating. The applicant did not agree with
their findings and recommendation
On 9 Dec 10, a Formal Physical Evaluation Board (PEB) reviewed
her case and also recommended her removal from the TDRL and
discharge with severance pay with a 20 percent disability
rating.
On 15 Dec 11, the Secretary of the Air Force Personnel Council,
after completing a review of all the facts and evidence of the
case, to include the applicants contention that she deserved a
permanent retirement at 40 percent disability rating, directed
she be discharged and receive severance pay, with a disability
rating of 20 percent.
On 10 Jan 12, the applicant was removed from the TDRL and
discharged by reason of physical disability, rated at
20 percent, with entitlement to disability severance pay. She
was credited with 9 years, 10 months, and 25 days of active
service, and 12 years, 10 months, and 23 days of service for the
purpose of computing her severance pay.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility (OPR) which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of the applicants request
indicating there is no evidence of an error or injustice. USAF
Disability Boards must rate disabilities based on a members
condition at the time of evaluation; in essence a snapshot of
their condition at the time. It is the charge of the DVA to
pick up where the AF must, by law, leave off. 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.
The preponderance of evidence reflects that no error or
injustice occurred during the disability process or at the time
of separation.
A complete copy of the 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 21 Aug 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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. 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 (OPR) and
adopt its 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 basis to recommend granting the relief sought in this
application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-02912 in Executive Session on 28 Feb 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02912 was considered:
Exhibit A. DD Form 149, dated 12 Jun 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 1 Aug 12.
Exhibit D. Letter, SAF/MRBR, dated 21 Aug 12.
Panel Chair
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