RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01936
		INDEX CODE:  110.02
		COUNSEL:  

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her honorable discharge from the Air Force be changed to reflect that she was medically retired; or, she be considered for retirement under the Temporary Early Retirement Authority (TERA) program.

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APPLICANT CONTENDS THAT:

The informal Physical Evaluation Board (PEB) erred in its evaluation by awarding her a 10% disability rating because current examinations were not performed and the evaluation was based on only a records review. 

The Medical Evaluation Board’s (MEB) evaluation did not consider her years of chronic chest pain.  

Her counsel discouraged her from challenging the 10% disability rating stating that the formal PEB seldom raised established disability ratings. 

In support of her request applicant provides a personal statement, copies of her military and Veterans Administration medical records and copies of her military personnel records.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant is a former noncommissioned officer who, on 18 December 1997, was discharged in the grade of technical sergeant (E-6) with severance pay and a 10% disability rating.  At the time of her discharge she had served 16 years, 2 months and 13 days of active military service. 

The 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, which are a part of these proceedings at Exhibits C and D.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied.  The medical consultant states that the PEB knew the significance of all of the applicant’s medical complaints and the evidence of record establishes beyond all reasonable doubt that the applicant was properly evaluated and rated and that no error or injustice occurred in this case.  The BCMR Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPD recommends the application be denied.  DPPD states that the applicant was treated fairly throughout the military disability evaluation process, she was properly rated under federal disability guidelines and was afforded a full and fair hearing as required under military disability laws and policy.  In addition, DPPD states that the applicant is not eligible under the TERA program since the program was not offered to enlisted personnel during the period FY97 through FY99.  The DPPD evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 19 October 2001 for review and response within 30 days.  As of this date, this office has received no response.

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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 probable error or injustice.  Evidence has not been provided which would lead us to believe that the applicant’s disability processing and the rating she received at final disposition were improper.  The applicant alleges that the Medical Evaluation Board did not review vital medical diagnoses rendering the Physical Evaluation Board an incomplete medical summary; and, as a consequence, she was awarded a 10 percent disability rating.  The applicant points to the disability assessments and rating she received from the DVA to support her claim.  In this regard, we are constrained to note that by law, the DVA rates service-connected conditions on the basis of social and industrial adaptability while the services assign ratings based on the degree of impairment for performance of duties.  Therefore, it is entirely possible that the applicant’s unfitting condition was rated at 10% while she received a higher rating from the DVA.  The evidence of record appears to indicate that the applicant was afforded due process through the disability evaluation system.  The applicant has provided no evidence that would lead us to believe the contrary was the case.  We therefore agree with the recommendation of the BCMR Medical Consultant and adopt the rationale expressed as the basis for our decision. 

4.  With respect to the applicant’s request to be retired under the Temporary Early Retirement Authority, we agree with the opinion and recommendation of the Air Force office of primary responsibility that since the TERA program was not offered at the time of the applicant’s separation, she is ineligible for retirement under this program.  Therefore, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 23 January 2002, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Jul 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dtd 17 Sep 01. 
    Exhibit D.  Letter, AFPC/DPPD, dtd 15 Oct 01.
    Exhibit E.  Letter, SAF/MIBR, dtd 19 Oct 01.