ADDENDUM TO
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 honorable discharge be changed to a medical retirement.
2. His medical conditions, such as Post Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), headaches, and other ailments be added to his official military record.
RESUME OF CASE:
On 12 Dec 13, the Board considered and denied the applicants original request to make the same corrections to his records. In the original case, the applicant contended the Air Force failed to process his medical case in sufficient time. After he returned from deployment from Iraq and Afghanistan, he waited two years for the Air Force Reserve to process his paperwork, but was unjustly discharged before his Medical Evaluation Board (MEB) was accomplished. The Department of Veterans Affairs (DVA) determined his medical conditions to be service connected. His medical issues were incurred while on active duty, but most were not reported due to fear of reprisal from his chain of command. The Board concurred with the recommendations of the BCMR Medical Consultant and AFRC/SG that the applicant had submitted insufficient evidence to demonstrate an error or injustice. For an accounting of the facts and circumstances surrounding the applicants original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit G.
On 22 Jan 14, the BCMR received a request from the applicant for reconsideration of his original request. Along with additional medical documentation, the applicant submitted a number of emails related to his attempt to get an MEB, and letters of support from his associates. The applicants complete submission, with attachments, is at Exhibit H.
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial indicating there is no evidence of an error or an injustice. A 16 Feb 12 memo to the applicant from his Medical Squadron informs him a review by the Physical Evaluation Board (PEB) is only to determine [his] fitness for continued military duty and not to determine if [he] is entitled to disability processing. The memo also states If I elect to have my case reviewed by the PEB solely for a fitness determination, I understand referral of my case does not constitute a disability evaluation and does not entitle me to disability compensation from the Air Force. The memo was signed by the applicant on 23 Feb 12. Addressing the applicants assertion that the numerous emails he submitted indicate they say they were working on [his] MEB when it really seemed as if they were stalling, a preponderance of the evidence points towards existence of a disqualifying medical condition that was not considered duty-related or permanently aggravated by military service. Even though the record indicates the applicants headaches, which were noted during his active service, occurred in greater frequency and severity and he required increased use of his asthma medication twice per day, there is no clinical evidence these two conditions were the proximate result of his Reserve service or represented permanent aggravation of his pre-existing (active duty) respiratory symptoms and headaches. While the AF Form 469, Duty Limiting Condition Report, is commonly utilized for identifying conditions qualifying for processing through the Disability Evaluation System (DES), implicitly as a compensable condition, it appears this document is also utilized to identify the applicants non-duty-related conditions and may have errantly created the impression a medical separation or retirement was imminent. Having said that, since there is an established nexus between the applicants medical condition and his period of service this qualifies him to receive compensation through the DVA. Unfortunately, his conditions were identified as disqualifying after he was allowed to transition to the Reserve via PALACE CHASE. As a Reservist, his medical conditions were considered pre-existing and he must, then, have shown proof of permanent aggravation while in a Reserve duty status. Failure to disclose certain conditions at the time of the applicants discharge from active duty, absence of objective evidence of duty restrictions imposed during active military service that warranted DES processing prior to release from active duty, does not now justify a medical retirement from the Reserve.
A complete copy of the BCMR Medical Consultant evaluation is at Exhibit I.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 7 Jan 15 for review and comment within 30 days (Exhibit J). As of this date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
After again reviewing the evidence in the applicants case, and taking into consideration the additional documentation provided by the applicant, we remain unconvinced that corrective action is warranted. While it appears as though the applicant was being processed for a fitness determination due to his disqualifying (non-duty related) condition, the evidence he has presented is not sufficient for us to conclude that the conditions for which he was disqualified were incurred or aggravated in the line of duty and thus should have been found unfitting, vice disqualifying. Therefore, in the absence of evidence to the contrary, we agree with the opinion and recommendation of the AFBCMR Medical Consultant and adopt his rationale for our conclusion the applicant has not been the victim of an error or injustice.
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 19 Feb 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00516 was considered:
Exhibit G. Record of Proceedings, 17 Dec 13, w/atchs.
Exhibit H. Letter, Applicant, undated, w/atchs.
Exhibit I. Memorandum, BCMR Medical Consultant, dated 10 Dec 14.
Exhibit J. Letter, SAF/MRBR, dated 7 Jan 15.
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