RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-00516

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His official records be corrected to show he was medically retired from the Air Force Reserve. 

2.  His medical conditions such as Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), Headaches, and other ailments be added to his official Air Force record.

________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force Reserve failed to process his medical case in sufficient time.  He deployed to both Iraq and Afghanistan.  He waited for the Air Force Reserve to process his paperwork for two years, but was discharged before his Medical Evaluation Board (MEB) was accomplished.  The Department of Veterans Affairs (DVA) has determined his medical conditions to be service connected.  The medical conditions he suffers from are TBI, PTSD, depression, headaches, migraines, a left ankle injury, knee problems, right elbow issues, anxiety disorder, nightmares, insomnia, trouble breathing while sleeping, asthma, irritable bowel syndrome, rashes, sweating profusely, and tinnitus.  These issues were all incurred while on active duty and most were not reported due to fear of reprisal from his chain of command.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 8 Oct 03.

On 10 Feb 10, the applicant received an Enlisted Performance Report (EPR) covering the period 17 Mar 09 through 8 Feb 10 with an overall performance assessment of “5” (Truly Among the Best), which indicated he met Air Force fitness standards. 

On 1 Apr 10, the applicant voluntarily separated from active duty to transfer to the Air Force Reserve after 6 years, 5 months, and 24 days of active service. 

On 5 Apr 10, the applicant enlisted in the Air Force Reserve. 

On 24 Mar 11, the applicant received an Enlisted Performance Report (EPR) covering the period 9 Feb 10 through 8 Feb 11 with an overall performance assessment of “5” (Truly Among the Best), which indicated he met Air Force fitness standards. 

On 7 Dec 11, the applicant was reassigned from Homestead Air Reserve Base, Florida to the Air Reserve Personnel Center (ARPC) due to change of residence.  

On 21 Sep 12, the applicant was honorably discharged from the Air Force Reserve. 

The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility, which are attached at Exhibits C, D, and E.    

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFD did not make a recommendation.  The Physical Disabilities Division at the Air Force Personnel Center (AFPC/DPFD) never received a referral to the Physical Evaluation Board (PEB) pertaining to the applicant.  Therefore, a PEB was never completed on the applicant.

A complete copy of the AFPC/DPFD evaluation is at Exhibit C.

AFRC/SG recommends denial indicating there is no evidence of an error or an injustice.  The applicant served on active duty, deploying to Iraq during the period Jan through Jun 08 and to Afghanistan during the period Jan through Oct 09.  On 5 Apr 10, he was gained by the Air Force Reserve.  At the time of his transfer to the AF Reserve, he had a completely clear medical profile.  In addition, his separation Report of Medical Assessment signed by him states he had not had any illness or injury limiting him in any way, that he had no questions or concerns about his health, and that he did not have any conditions for which he intended to seek veteran’s affairs disability.  His listed conditions were acne, allergies, and headaches.  During his initial in-processing into the Reserve squadron, the applicant complained of severe headaches, occurring 1-2 times a week.  He was placed in a Reserve “no pay-no points status,” and was profiled for fitness for duty determination.  His last month of Reserve participation was Aug 10.  On 14 Sep 10, after his last participation in the Reserve, he was in a motor vehicle accident while relocating to Texas.  On 20 Sep 10, he was seen by the Department of Veterans Affairs (DVA) in Texas.  The notes from the DVA show the applicant had been receiving medical care from the Miami Veterans Affairs Medical Center (VAMC) prior to his relocating to Texas.  Subsequent evaluation at the DVA led to multiple diagnoses which had not previously existed in his medical records.  It is reasonable to assume that many of his current medical complaints are referable to his time on active duty.  It is not reasonable to assume the Reserve Component played any role as he served virtually no time in that capacity.  The applicant separated from active duty without having an MEB.  No board appeared necessary at that time.  His records reflect that he was well, and he signed documents attesting to that fact prior to his separation.  There is no relief required with respect to Reserve service, as he essentially has none.  Unfortunately, many times medical issues don’t become obvious until months later.  In this case, the applicant is receiving excellent care from the DVA, as is appropriate for any member who separates and then learns he has medical issues that the DVA determines are service connected.  

A complete copy of the AFRC/SG evaluation is at Exhibit D.

The BCMR Medical Consultant recommends denial indicating there is no evidence of an error or an injustice.  None of applicant’s supplied documentation indicates that his conditions resulted in the initiation of a physical profile restriction and/or Duty Limiting Condition Report of a sufficient duration or level of impairment that rendered him non-worldwide qualified or warranted referral through the military Disability Evaluation System (DES) during his active service.  Indeed, the applicant eventually left active military service and transitioned to the Reserve likely without any military documentation of an existing medical condition that could interfere with military service.  After transferring to the Reserve the applicant was seen for migraine headaches on 1 May 10.  He was “asymptomatic,” but reported experiencing headaches “2 to 3” times per month.  The medical provider wrote “not worldwide qualified” into this record, but no physical profile or Duty Limiting Condition Report is available to reflect the provider’s recommendation to restrict duty.  On 16 Feb 12, a memorandum was sent to the applicant’s unit commander from the servicing medical organization stating that the applicant has been found to have a medical condition that does not meet medical standards and that preparation is being made to submit his case to AFRC/SGP for appropriate disposition of the applicant’s medical qualification for worldwide duty (WWD).  The memo indicates that the applicant had elected to submit his case for secondary review by the Physical Evaluation Board (PEB) should AFRC/SGP determine he is not WWD-qualified, and noting that the applicant had been given 60-days to provide any medical documentation from his private care provider.  This is an indicator that the potential disqualifying condition was considered non-duty related.  However, no final documents are provided to reflect the decision of the AFRC/SGP.  Without the final medical disqualification statement from AFRC/SGP, the Medical Consultant cannot determine which among his many medical conditions was found disqualifying and implicitly resulted in his discharge.  A medical entry on 14 Apr 12, indicates that the source of information regarding the applicant’s medical conditions was acquired from records of the DVA, implicating possible failure on the part of the applicant to timely supply medical documentation IAW           AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, a common reason for the administrative release from military service.  Regarding the applicant’s request for medical retirement, the Medical Consultant recommends denial.  Operating under a different set of laws (Title 38, U.S.C.), with a different purpose, the DVA is authorized to offer compensation for any (all) medical condition(s) determined service incurred, without regard to, and independent of, its demonstrated or proven impact upon a service member’s retainability, fitness to serve, or the period of service during which the medical conditions were incurred.  In the case under review, the applicant’s prior period of active service was the primary source of information utilized to establish service connection by the Department of Defense.  While any one or more of his conditions could have been considered disqualifying, the proof is insufficient to make the determination of in-the-line-of-duty during the applicant’s Reserve service.  This is the reason why an individual can be released from military service for one reason and yet sometime thereafter, receive compensation ratings from the DVA for one or more conditions that were service-connected, but not militarily unfitting and compensable at the time of release from service, in this case release from the Reserve service.  The DVA is also empowered to conduct periodic re-evaluations for the purpose of adjusting the disability rating award as the level of impairment from a given service connected medical condition may vary over the lifetime of the veteran.   

A complete copy of the BCMR Medical Consultant evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the AFBCMR Medical Consultant and Air Force evaluations were forwarded to the applicant on 12 Jul 13 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 an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the BCMR Medical Consultant and Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.

________________________________________________________________

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-2013-00516 in Executive Session on 12 Dec 13, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, undated, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPFD, dated 18 Apr 13.
	Exhibit D.  Letter, AFRC/SG, dated 7 Jun 13. 
Exhibit E.  Letter, BCMR Medical Consultant,
            dated 11 Jul 13. 
	Exhibit F.  Letter, SAF/MRBC, dated 12 Jul 13.




                                   
                                   Panel Chair