ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2001-03145
		INDEX CODE:  100.06

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

By amendment, her records be corrected to allow her the option of returning to military service.

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STATEMENT OF FACTS:

On 6 Jun 02, the Board considered an application pertaining to the applicant, in which she requested that her records be reevaluated to determine whether she was wrongfully discharged and denied future employment in the military.  The offices of primary responsibility (OPR) recommended that the applicant receive a medical examination to determine her medical status at the time of her discharge.  The Board agreed with the OPRs' recommendation and directed that the applicant undergo a physical examination and review by the Medical Evaluation Board (MEB), the Physical Evaluation Board (PEB) and the Formal Physical Evaluation Board (FPEB), if necessary, to determine her medical condition as of the date of her discharge.  A complete copy of the Memorandum for the Chief of Staff, with attachments, is at Exhibit A.

On 17 Sep 02, an MEB convened and established a diagnosis of a History of Myofascial Pain Syndrome in 1998, presently normal examination.  The MEB recommended that the applicant’s case be referred to an Informal Physical Evaluation Board (IPEB).

On 1 Oct 02, an IPEB convened and established a diagnosis of a History of Myofascial Lumbar Pain.  The IPEB found that the applicant was unfit because of physical disability, and that the disability was ratable under VA Diagnostic Code 5290 at 10 percent, and that the disability may be permanent.  The IPEB recommended that the applicant be discharged with severance pay.  

On 30 Oct 02, the applicant disagreed with the findings and recommended disposition of the IPEB and demanded a formal hearing of the case.

On 14 Nov 02, an FPEB convened and established a diagnosis of a History of Myofascial Lumbar Pain.  The FPEB found that the condition was unfitting but was not compensable or ratable.  The FPEB found that the applicant was fit for return to duty.  The applicant agreed with the findings and recommended disposition of the FPEB.

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AIR FORCE EVALUATION:

The Medical Consultant noted that the applicant enlisted in the Air Force Reserve on 2 Nov 90 for a six-year term of enlistment.  Her initial six-year enlistment was extended five times for a total of 23 months for purposes of achieving medical clearance for reenlistment.  

The Medical Consultant further noted that the applicant, a traditional reservist, was involved in a motor vehicle accident in Mar 94 while on active duty orders and sustained a whiplash injury.  As a result of complaints of neck pain and back pain she was on a duty limiting profile for at least three years, undergoing physical therapy two to three times per week until her separation in Nov 98 from the Air Force Reserve.  It appears from the available documentation that she was not allowed to reenlist because of her medical condition.  It appears that she did not undergo evaluation in the disability system at that time.  Such an evaluation would have been indicated if she was separated due to medical disqualification.  Since her medical condition was proximately caused by active duty, the evaluation would also have included rating and compensation in addition to a determination of fitness.  Following her separation, the applicant requested correction of records that would enable her to reenter the military, contending she was fit for military service.  The AFBCMR directed an MEB to ascertain whether she was fit for duty at the time of her separation.  The IPEB concluded that she was not fit at the time of separation and recommended separation with severance pay.  The preponderance of the evidence in the available records clearly supported their conclusion.  The applicant appealed to the Formal Physical Evaluation Board and she convinced the FPEB by her testimony that she was fit in Nov 98.  Further, based on the findings and recommendation of the Air Force orthopedic surgeon in Sep 02 that she was currently fit for duty, the FPEB recommended she be returned to duty.

According to the Medical Consultant, there was conflicting information regarding whether she was worldwide qualified for duty at the time of her separation.  Regardless, at the time of her separation, her physical profiles indicated that she was not fit for worldwide duty and deployment based on medical evaluations at that time that were largely based on her report of symptoms that interfered with duty.  Since her medical problem was the proximate result of active duty, she should have been evaluated through the Disability Evaluation System at that time and had that occurred, the recommendations of the recent IPEB is the likely the same result had it occurred in 1998.  The applicant is motivated to reenter military service and has been found fit for military duty by the FPEB at this time.

The Medical Consultant is of the opinion that change in the records is warranted to enable the applicant to reenter the military at this time.

A complete copy of the Medical Consultant’s evaluation is at Exhibit C.

SAF/MRBP indicated that they considered all of the evidence and testimony presented before the FPEB, the remarks by the FPEB, the remarks by the IPEB, the service medical record, and the medical summary leading to the MEB in arriving at its decision to concur with the recommendation of the IPEB for a disposition of separation with severance pay with a 10 percent disability rating.  They acknowledged that the applicant has since recovered from her injuries, which was supported by a completely normal physical assessment conducted by an Air Force orthopedic surgeon on 5 Sep 02, but found it was not within their authority to reinstate her eligibility to reenter active military service.

A complete copy of the SAF/MRBP 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 applicant on 10 Feb 03 for review and response.  As of this date, no response has been received by this office (Exhibit E).

By letter, dated 22 Apr 03, the AFBCMR staff requested that in light of the FPEB's finding that she was fit for return to duty, it was requested that she advise the Board as to the exact nature of the relief she wished for the Board to consider (Exhibit F).

By letter, dated 8 May 03, the applicant provided a response to the 22 Apr 03 letter, indicating that she would like to be considered for military service and have the option of returning to duty.

Applicant's complete response is at Exhibit G.

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THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Having carefully reviewed the available evidence, we agree with the recommendation of the Medical Consultant and adopt his rationale as the basis for our decision that the applicant has been the victim of an error or an injustice.  Since the applicant has now been found fit for military duty, she should be afforded the opportunity to return to military service.  Accordingly, we recommend that the applicant’s records be corrected to reflect her RE Code issued in conjunction with her honorable discharge from the Air Force Reserve on 1 Nov 98 was “5A.”

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that her Reenlistment Eligibility (RE) Code issued in conjunction with her honorable discharge from the Air Force Reserve on 1 Nov 98 was “5A.”

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The following members of the Board considered AFBCMR Docket Number BC-2001-03145 in Executive Session on 26 Aug 03, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  Memorandum for the Chief of Staff, dated
                 11 Jun 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, Medical Consultant, dated 18 Dec 02.
     Exhibit D.  Letter, SAF/MRBP, dated 27 Jan 03.
     Exhibit E.  Letter, SAF/MRBR, dated 10 Feb 03.
     Exhibit F.  Letter, AFBCMR, dated 22 Apr 03.
     Exhibit H.  Letter, applicant, dated 8 May 03.

                                   

AFBCMR BC-2001-03145

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to , be corrected to show that her Reenlistment Eligibility (RE) Code issued in conjunction with her honorable discharge from the Air Force Reserve on 1 Nov 98 was “5A.”