RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01038
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_______________________________________________________________
APPLICANT REQUESTS THAT:
His separation orders be rescinded to allow his return to active
duty.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He questions the validity of the Medical Evaluation Board (MEB)
process that led to his separation. The MEBs "unfit for duty"
decision which subsequently led to his medical separation is
unjust. He is fit for duty and should remain on active duty.
In support of his request, the applicant provides a personal
statement, copies of his AF Form 618, Medical Board Report; AF
Forms 356, Findings and Recommended Disposition of USAF Physical
Evaluation Board, support letters, fitness record, and various
other documents associated with his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
On 15 Aug 2012, the Informal Physical Evaluation Board (IPEB)
reviewed the medical board report for diagnosis of psoriatic
arthritis with left wrist, right ankle and left 2nd toe
arthropathy. The IPEB recommended discharge with severance pay
with a 20 percent disability rating.
On 29 Aug 2012, the applicant non-concurred and requested a
formal hearing with counsel.
On 3 Oct 2012, the Formal PEB recommended discharge with
severance pay and a 20 percent disability rating.
On 19 Oct 2012, the applicant non-concurred with the findings
and appealed to the Secretary of the Air Force Personnel Council
(SAFPC) requesting he be returned to duty.
On 10 Dec 2012, SAFPC directed he be discharged and receive
severance pay with a disability rating of 20 percent. He served
10 years, 3 months, and 23 days of active duty.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit B.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFD recommends denial. DPFD states that the preponderance
of evidence reflects that no error or injustice occurred during
the disability process. The applicant requested a onetime
reconsideration with the Department of Veterans Affairs (DVA)
for reevaluation of his 20 percent rating. He did not provide
any new medical documentation and the DVA decided no change to
the previously assigned 20 percent rating for psoriatic
arthritis with left wrist, right ankle, and left 2nd toe
arthropathy was warranted.
The complete DPFD evaluation is at Exhibit B.
_______________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 31 Mar 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
C).
_______________________________________________________________
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 opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. We are not
unmindful or unappreciative of his service to his Nation;
however, in the absence of persuasive evidence that his medical
discharge was improper or contrary to the governing
instructions, we find no basis to recommend favorable
consideration of his 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 AFBCMR BC-2013-
01038 in Executive Session on 5 Dec 2013, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 24 Feb 2013, w/atchs.
Exhibit B. Letter, AFPC/DPFD, dated 8 Mar 2013.
Exhibit C. Letter, SAF/MRBR, dated 31 Mar 2013.
Panel Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
8
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
3
AF | BCMR | CY2013 | BC 2013 00711
After being discharged, he received a service-connected disability rating of 30 percent for Bipolar Disorder from the Department of Veteran Affairs (DVA). Under Title 10, United States Code (USC), Physical Evaluation Boards must determine if a members condition renders them unfit for continued military service relating to their office, grade, rank or rating. The complete DPFD evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW...
AF | BCMR | CY2014 | BC 2014 01972
Further, it must be noted that the USAF disability boards must rate disabilities based on the members condition at the time of evaluation. A complete copy of the AFPC/DPFD evaluation is at Exhibit C. AFBCMR Medical Consultant recommends denial indicating there is no evidence of an error or injustice regarding the applicants disability/medical discharge. A complete copy of the AFBCMR Clinical Psychology Consultant evaluation is at Exhibit F. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE...
AF | PDBR | CY2009 | PD2009-00068
RECOMMENDATIONS: Sergeant B---'s current medical condition of chronic psoriasis precludes him from continuation on active duty; and he is, therefore, going to be referred to the Physical Evaluation Board for further evaluation and disposition. No other medical conditions were documented; REVIEW OF SYSTEMS: Musculoskeletal - the patient complains of chronic knee pain. Other Conditions.
AF | BCMR | CY2013 | BC 2013 00648
Further, it is noted the Air Force disability boards must rate disabilities based on the members condition at the time of evaluation; in essence a snapshot of their condition at that time. 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 and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error...
AF | BCMR | CY2013 | BC 2013 05686
On 18 Jun 09, an informal physical evaluation board (IPEB) determined the applicants coronary heart disease was unfitting for continued military service and recommended he be discharged with severance pay with a disability rating of 10 percent. The DVA Schedule for Rating disabilities indicates the applicants coronary artery disease rating fell at or below the criteria for a 10 percent disability rating; as he was also rated by the DVA. While the Board acknowledges the comment by the...
AF | BCMR | CY2012 | BC-2012-05273
SAFPC noted The members low back condition is unfitting for continued military service. The DPFD complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 25 January 2013, a copy of the evaluation was forwarded to the applicant for review and response within 30 days (Exhibit D). ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified...
AF | BCMR | CY2011 | BC-2011-00971
In support of his appeal, the applicant submits a statement from his counsel; the FPEB findings and recommendations; his concurrence with the FPEB findings and recommendations; the Informal Physical Evaluation Board (IPEB) findings and recommendations; Medical Evaluation Board (MEB) Report; four Medical Board Evaluations; memorandum to the FPEB; his DD Form 214, Certificate of Release or Discharge from Active Duty; DVA findings and rating decision; VASARD excerpt; and two letters of support....
AF | BCMR | CY2013 | BC 2013 02678
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02678 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: The following items on his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 29 Apr 11 placement on the Temporary Disability Retired List (TDRL) be changed so that he can reenter the Air...
AF | BCMR | CY2014 | BC 2014 00522
In a letter dated 8 January 2013, the applicant stated that he received an explanation of the IPEB findings from his assigned Air Force attorney and agreed with the findings of the IPEB and waived his right to a FPEB hearing. According to the DVA Rating Decision dated 16 January 2014, the evaluation of DVT, which was 10 percent disabling, was increased to 40 percent effective 29 October 2013. At the time of the IPEB findings, the DVA rated the applicants DVT at 0 percent.
AF | PDBR | CY2011 | PD2011-00079
CI CONTENTION : The CI states: “As rated by the Department of Veterans Affairs upon separation, both conditions were given a higher rating: Major Depression initially rated at 10% was changed to Bipolar Disorder currently rated at 50% disabling; Psoriatic Arthritis initially rated at 10% is currently rated at 20% with knees rated in addition at 40% - reduced to 20% due to (an appealed) pre-existing condition.” The PEB’s 10% rating using the 5009 code (arthritis, other types) reflected...