RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01640
	XXXXXXXXXXXX	COUNSEL: NONE
		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her administrative discharge be changed to a medical discharge.

________________________________________________________________

APPLICANT CONTENDS THAT:

In 2001 she had surgery for an injury she sustained to her neck 
in Jun 1999 while on active duty.  The Department of Veterans 
Affairs (DVA) rated her medical condition of “cervical” at 
20 percent which was increased to 30 percent in 2003.

In support of her request the applicant provides copies of her 
medical records, DVA Rating Decision, NGB Forms 348, Line of 
Duty Determination, and various other documents associated with 
her request.

Her complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

According to the 9 Apr 2003, DVA Rating decision provided by the 
applicant, a service connection for status post cervical fusion 
C5-6 with radiculopathy was granted with an evaluation of 
20 percent effective 26 Nov 2002.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the office of the BCMR 
Medical Consultant at Exhibit D.

________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant regrettably recommends denial.  The 
applicant sustained an In Line of Duty (ILOD) injury in Jun 
1999, while on active duty orders.  Following her return to home 
station, she continued to experience neck and right upper 
extremity symptoms despite a trial of conservative measures 
throughout Calendar Year (CY) 2000 and a portion of CY 2001, 
ultimately requiring surgical treatment in Jun 2001.  After a 
period of recovery she was symptom-free until Oct 2002 when she 
experienced an exacerbation of neck pain and upper extremity 
radicular symptoms.  No military or civilian medical 
documentation is supplied for care during CY 2002 or at the time 
of her reported worsening condition.  

Addressing the applicant's eligibility for military disability 
compensation, all would agree that her initial injury of 
1999 was ILOD.  Any subsequent acute presentations of the same 
injury that later interfered with duty would ordinarily also be 
presumed to be ILOD, with exceptions.  The applicant has not 
supplied evidence that an intervening event occurred [presumably 
in 2002], that caused her medical condition to progress and 
become disqualifying in 2003, and that she was in a duty status 
at the time of its occurrence.  Thus, under a presumption of 
regularity, NGB/SG officials acted within their authority to 
administratively separate the applicant under AFI 36-3209, 
Separation and Retirement Procedures for Air National Guard and 
Air Force Reserve Members.

Had the applicant been processed through the military Disability 
Evaluation System she would have been found unfit.  However, any 
disability rating determinations would be based upon the 
supplied evidence which was present at or about the date of the 
applicant's discharge; to include consideration of the probative 
value of any rating decisions by the DVA within the 12 months 
following discharge.  While the applicant states she is now 
rated at 30 percent, she again, has not supplied medical 
evidence to reflect whether this represented a duty-related 
worsening of her cervical spine condition [prior to discharge] 
or the inclusion of other conditions which were previously rated 
zero (“0”) percent by the DVA.   The DVA rates all service 
connected medical conditions, without regard to proven or 
demonstrated impact on fitness or retainability; and may 
periodically adjust (decrease or increase) disability ratings, 
as the severity of a particular medical condition may vary 
(improve or worsen) over the lifetime of the veteran. 

Insufficient evidence is supplied to determine whether the acute 
worsening of the applicant’s condition, which then resulted in 
her disqualification in 2003, was actually the result of a duty-
related event or occurred while in a duty.

The complete Medical Consultant’s evaluation is at Exhibit C.

NGB/SGPA recommends denial.  SGPA states that there is no 
documentation to support service connected aggravation to the 
applicant’s condition.  Eligibility for a Medical Evaluation 
Board (MEB) depends on service connected aggravation.  The 
applicant was found unfit for worldwide military duties; 
therefore, NGB/SG acted on its authority to recommend discharge 
for members who were found not worldwide qualified due to non-
duty related injuries.

The complete SGPA evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 Jun 2013, copies of the BCMR Medical Consultant advisory 
and the Air Force evaluation were forwarded to the applicant for 
review and comment within 30 days.  As of this date, no response 
has been received by this office (Exhibit E).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

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 opinions and 
recommendations of the Air Force office of primary 
responsibility and the BCMR Medical Consultant and adopt their  
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 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 this application 
in Executive Session on 30 Jan 2014, under the provisions of AFI 
36-2603:

, Panel Chair
, member
, Member

The following documentary evidence was considered in AFBCMR BC-
2013-00259:

   Exhibit A.  DD Form 149, dated 1 Apr 2013, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 
               12 Jun 2013
   Exhibit D.  Letter, NGB/SGPA, dated 17 Jun 2013.
   Exhibit E.  Letter, SAF/MRBR, dated 24 Jun 2013




								
								Panel Chair
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974



8

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


4