RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04351
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect that her diagnosis of asthma
be removed, she be found fit for duty, removed from all
restrictions, returned to duty, and allowed to reenter the
military in the Nurse Corps as a Second Lieutenant.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was misdiagnosed with asthma and her restrictions should be
removed so that she may enter into the Nurse Corps.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate she enlisted
in the Regular Air Force on 19 Jul 95.
On 29 Oct 12, the applicant was permanently retired for physical
disability in the grade of technical sergeant (E-6) with a
combined compensable disability rating of 30 percent. She was
credited with 17 years, 3 months, and 10 days of total active
service.
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 attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFD recommends denial, indicating that no error or
injustice occurred during the disability process. On 24 Apr 12,
an Informal Physical Evaluation Board (IPEB) found the applicant
unfit for duty caused by asthma. The Board recommended
permanent retirement with a disability rating of 30 percent in
accordance with the Veterans Administration Schedule for Rating
Disabilities (VASRD) guidelines. On 9 May 12, the applicant
non-concurred with the findings and recommendations of the IPEB
and requested a formal hearing with counsel.
On 15 Jun 12, the Formal Physical Evaluation Board (FPEB)
reviewed her case for asthma and also found her to be unfit for
duty. The FPEB upheld the IPEB findings and recommended
permanent retirement with a 30 percent disability rating.
On 18 Jun 12, the applicant appealed her case for review by the
Secretary of the Air Force Personnel Council (SAFPC). On 7 Sep
12, SAFPC directed the applicant be permanently retired with a
disability rating of 30 percent.
The applicants submission includes no new medical evidence that
has not already been seen by the previous boards. In accordance
with AFI 48-123, paragraph 5.3.6.5, asthma, recurrent bronchial
spasm, or reactive airway disease are all boardable conditions.
Based on the review of the medical board, asthma is the most
appropriate diagnosis under code 6602.
A complete copy of the AFPC/DPFD evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant disagrees with the boards assessment of her
diagnosis of asthma. The University of Colorado originally
diagnosed her with asthma in March 2009 primarily by a false
family history of illness. She provided health history signed
by the provider indicating no acknowledgement of such family
history of asthma or any lifelong dyspnea, which was stated in
her narrative summary at each board. Her military career was
terminated due to the negligence of providers to include a lack
of proper work up and data entry errors and the overuse of
steroids, which interfered with her immune system. Her
permanent retirement was done wrong and she would like to return
to duty without restrictions.
A complete copy of the Applicants response is at Exhibit E.
________________________________________________________________
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 an error or injustice. We took
notice of the applicants complete submission, including her
arguments in response to the advisory opinions rendered in this
case, 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 the applicant has not been the victim of an error
or injustice. While the applicants contentions are duly noted,
we do not find the evidence presented is sufficient for us to
substitute our judgment for that of the Informal Physical
Evaluation Board (IPEB), Formal Physical Evaluation Board
(FPEB), and Secretary of the Air Force Personnel Council
(SAFPC). Therefore, 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-2012-04351 in Executive Session on 14 May 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Sep 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFD, dated 17 Jan 13.
Exhibit D. Letter, SAF/MRBR, dated 17 Feb 13.
Exhibit E. Letter, Applicant, dated 11 Mar 13.
Panel Chair
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