THIRD ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-1990-00845

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

1)	His character of service be changed to honorable. 

2)	His separation code and narrative reason for separation be changed to reflect separation from active duty due to medical problems developed on active duty.

RESUME OF THE CASE:

On 16 Nov 90, the Board initially considered and denied a similar  request for correction of military records submitted by the applicant finding that based on the evidence, the Board was not convinced that the reason for the applicant’s separation was in error or unjust.  To the contrary, the Board stated that it appeared the applicant, after complaining of foot and leg pain, stated that he had seen a chiropractor for chronic recurrent leg and foot pain prior to entering active duty. Furthermore, the Board noted that a podiatrist diagnosed the applicant's condition as disabling bilateral foot pain, secondary to plantar fasciitis, pes planus; and pronated feet. In September 1989, six months after his separation, the VA established a service connection disability for a poorly defined, probable spinal cord neuropa thy at T10-Ll level. A review of his medical records while on active duty did not reveal evidence of a spinal cord injury. Therefore, the Board found no basis upon which to favorably consider his application.

On 15 Jun 92, the Board reviewed a request for reconsideration and it was determined there was no new evidence warranting reconsideration by the Board. 

On 28 Jan 93, the Board reviewed the medical records while on active duty and again found no evidence of a spinal cord injury and denied the applicant’s request.

On 18 Oct 93, the Board reconsidered and denied a request for reconsideration submitted by the applicant finding no convincing evidence that the reason for the applicant’s separation was in error or unjust.  For an accounting of the applicant’s original request and the rationale of the earlier decisions, see the AFBCMR Letter and Record of Proceedings at Exhibit O.

The Board reviewed the additional documentation submitted by the applicant. However, reiterated their previously decisions stating they were not convinced by the evidence of record that the applicant's separation was either in error or unjust.  The Board also noted that there was no evidence of record that the applicant had a back injury during basic training and there is every indication he was diagnosed based on the information he relayed to the doctors at the time of entry into the Air Force.

On 12 Dec 17, the applicant requested reconsideration of his request to change his entry-level separation.  He again contends that he never had flat feet and military records show he complained about his back, leg, and foot.  To correct the injustice, his discharge should say medical as the medical evidence is overwhelming in his favor as the record clearly shows he was seen for back, leg, and foot pain. As new evidence, the applicant submits a copy of his DVA rating decision dated 28 Oct 15 and various other documents associated with his request.  The applicant’s complete submission is at Exhibit P.

AIR FORCE EVALUATION:

The AFBCMR Medical Advisor recommends granting the application.  Based upon the evidence of record, the applicant likely did have transient tenderness of the plantar fascia related to his marching and running activities, but that he also had mechanical low back pain, which might have been precipitated either through blunt trauma or lumbar strain, related to the sudden truncal twisting, after reportedly stepping into a hole while running. The remaining question is which condition resulted in [or should have] cutting short his military career.  The military providers assigned to the dispensary likely utilized their best judgement in labeling the applicant’s reason for discharge noting his complaint of foot pain with marching.  Although the applicant also reported lower back pain, emphasis was placed upon the more commonly occurring possible foot ailment.  

Should the Board elect to change the record, the applicant is advised that, even if given the 20% disability rating he was assigned by the Department of Veterans Affairs, if eligible for severance pay, it would have been recouped by the Department of Veterans Affairs, by withholding payments until the amount had been matched over time.  With respect to the implicit desire for a medical retirement, noting the additional 10% disability rating assigned for Adjustment Disorder with depressed mood, the evidence is woefully lacking to indicate that a mental disorder was, or should have been, a separate basis for career termination; although referred to as chronic in the DVA rating rationale.  

The Board may also elect to implement paragraph 1.19.1.2 and subparagraph 1.19.1.2.3, AFI 36-3208, with assignment of an Honorable character of service by reason of disability or Secretarial Authority, where the Secretary, on a case-by-case basis finds this is clearly warranted by unusual circumstances of personal conduct and performance of military duty.  The complete advisory is at Exhibit Q.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Sep 18 for comment (Exhibit R), but has received no response.

THE BOARD CONCLUDES THAT:

After reviewing all Exhibits, the Board is not persuaded by the evidence presented that the applicant is the victim of an error or injustice.  The Board notes the AFBCMR Medical Advisor recommends partial relief.  However, the Board does not find the evidence in this case sufficient to grant any relief.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-1990-00845 in Executive Session on 20 Nov 18:

Panel Chair
Panel Member
Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit O:	Records of Proceedings, w/ Exhibits A-N, dated 18 Oct 93.
Exhibit P:	Application, DD Form 149, w/atchs, dated 12 Oct 17.
Exhibit Q:	Advisory opinion, AFBCMR Medical Advisor, dated 17 Sep 18. 
Exhibit R:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Sep 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings of Docket Number BC-1990-00845 required by AFI 36-2603, paragraph 4.11.9.