RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02793
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her records be corrected to reflect she was medically retired instead of honorably discharged.
APPLICANT CONTENDS THAT:
She experienced episodes of dizziness and a suspected stroke, which resulted in hospitalization. When she was released from the hospital she was advised that she was not ready to come back to work and would need to have a separation physical. Upon her arrival for the separation physical, the doctor indicated that she had been in the hospital for a month due to vertigo and had a heart murmur. He further advised her that he would not approve her for another four years of military service. She was totally puzzled about the separation physical and did not understand what was going on.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant enlisted in the Air National Guard (ANG) on 29 December 1982 as a prior service member.
On 9 September 1983, the applicant was relieved from assignment and transferred to HQ ARPC/NARS (Non-affiliated Reserve Section).
On 28 December 1988, the applicant was relieved from HQ ARPC/NARS and honorably discharged from the Air Force Reserve.
According to Standard Form 507, Clinical Record, undated, a report of the applicant indicates, Vertigo, Sep 1981, secondary to infections left ear; hospitalized 31 days; adequately treated, full recovery, no recurrence.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by BCMR Medical Consultant, which is attached at Exhibit C.
AIR FORCE EVALUATION:
BCMR Medical Consultant recommends denial. While the applicant contends experiencing dizziness, it appears her vertigo was successfully treated and did not warrant a medical hold for processing through the military Disability Evaluation System (DES). In order to consider a service member for a medical retirement there must be evidence of an existing disqualifying medical condition that interfered with the service members ability to perform military service to the extent and duration that rendered the individual non-worldwide qualified and warranted referral for a Medical Evaluation Board (MEB). This would have been identified through restrictions to duty as documented on an AF Form 422, Serial Physical Profile Report, initiated by the treating health care provider. No such medical evidence is supplied that indicates the applicants experiences resulted in permanent restrictions to duty; albeit implied to be the reason she was implicitly denied re-enlistment. It is of the Consultants opinion that even if the applicant had undergone a MEB for her, then, controlled vertigo; her condition would have fallen short of the requisite disability rating to support a medical retirement.
A complete copy of the BCMR Medical Consultants evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the BCMR Medical Consultants evaluation was forwarded to the applicant on 27 February 2015 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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 an error or injustice. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his 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 requested 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-2014-02793 in Executive Session on 28 April 2015 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 July 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. BCMR Medical Consultant, dated 6 February 2015.
Exhibit D. Letter, SAF/MRBR, dated 27 February 2015.
They found him unfit for the rigors of military service and recommended discharge with severance pay with a 20% compensable disability rating. A copy of the evaluation is attached at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant and counsel on 25 August 2000, for review and response within 30 days (Exhibit E). Accordingly, we recommend that the...
At the completion of the course of treatment she was found fit for full duty and released from active duty back to the Air Force Reserve. No Medical Evaluation Board (MEB) was initiated at this time to determine her fitness for duty and AFRES started administrative discharge action under the provisions of AFI 36-3209. Also, in September 1996, ARPC/DPAD terminated discharge action and cleared her to return to active participating status with an assignment limitation code 7 96-0 1447 of...
AF | BCMR | CY2014 | BC 2014 01259
A complete copy of the AFPC/DPFD evaluation is at Exhibit C. BCMR Medical Consultant recommends denial, indicating there is no evidence of an error or an injustice regarding the applicants request to supplant her discharge with a medical retirement. A 2 Nov 04 MEB finding recommended the applicant be returned to duty, and that previous profile restrictions be renewed with a new expiration date of 23 Nov 06. A complete copy of the BCMR Medical Consultant evaluation is at Exhibit...
AF | BCMR | CY2011 | BC-2011-00229
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00229 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be evaluated for medical boarding and entry into the Wounded Warrior Program. The Medical Consultant states there is a lack of clear and convincing evidence of an unfitting condition at the time of retirement from active duty service. ...
AF | BCMR | CY2011 | BC-2011-04516
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDD recommends denial, indicating there is no evidence of an error or injustice. The applicants contends that his episodic vertigo is combat related due to the time he spent deployed to Iraq during Jan through Jul 08; however, the applicant admits to not seeking immediate medical attention for his dizziness at the time he began experiencing it and there is no LOD determination as to the initial...
AF | BCMR | CY2005 | BC-2004-02942
The MEB referred the case to the Physical Evaluation Board (PEB) on 26 Sep 00. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant notes the applicant’s service medical records do not show complaints of headache or dizziness after Feb 00, nearly a year before his separation, and he denied significant problems with these symptoms during an Apr 00 exam. A complete copy of the evaluation is at Exhibit...
AF | BCMR | CY2002 | BC-2002-01544
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C and D. _________________________________________________________________ AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends the application be denied. There is no evidence in the record that shoulder pain interfered with performance of military duty or made him unfit for duty...
AF | PDBR | CY2013 | PD2013 00045
The VA rated the condition 30% coded 6205, Meniere’s syndrome, hearing impairment with vertigo less than once a month.The Board noted the final PEB diagnosis was recurrent vestibulopathy and not Meniere’s disease, however STRs indicated some diagnostic uncertainty regarding whether the CI’s vestibulopathy was Meniere’s disease or not. Migraine Headaches . XXXXXXXXXXXXXXXXXX President Physical Disability Board of Review
AF | BCMR | CY2007 | BC-2007-00249
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00249 INDEX CODE: 108.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His disability rating be changed to 100 percent rather than 40 percent. The Veterans’ Administration (VA) has rated his service- connected disability at 100 percent and permanently and totally disabled. DPPD’s complete evaluation...
AF | PDBR | CY2012 | PD2012-00060
The Physical Evaluation Board (PEB) adjudicated the lumbar degenerative arthritis condition as unfitting, rated 20%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The PEB and VA both coded the back condition as 5242, degenerative arthritis of the spine, and rated it at 20% for reduced ROM with flexion greater than 30 degrees but less than 60. At the time of the MEB history and physical examination, the CI indicated dizziness in February and March of 2008.