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

IN THE MATTER OF:	DOCKET NUMBER:  BC-2001-03145
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  13 Jun 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to reflect her entitlement to incapacitation pay for the period from 1 Nov 98 to 30 Sep 03.

_________________________________________________________________

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 (OPRs) 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 H.

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.

On 26 Aug 03, the Board considered an application pertaining to the applicant, in which she requested that her records be corrected to allow her the option of returning to military service.  The Board indicated that since she had been found fit for military duty, she should be afforded the opportunity to return to military service.  Accordingly, the Board recommended that her reenlistment eligibility (RE) code be changed, which was accepted by the Director, Air Force Review Boards Agency on 30 Sep 03.  A complete copy of the Memorandum for the Chief of Staff, with attachments, is at Exhibit I.

By application, dated 20 Nov 04, the applicant requests that her records be corrected to reflect her entitlement to incapacitation pay for the period from 1 Nov 98 to 30 Sep 03.  Because she was denied the option to reenlist as a result of her improper discharge, she believes she is entitled to incapacitation pay from the time of her discharge in Nov 98 to the correction of her records by the Board in Sep 03.

Applicant’s complete submission, with attachment, is at Exhibit J.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/DPMB recommended denial indicating that since the applicant is entitled to be returned to the Air Force Reserve without any physical limitations and was considered qualified to perform her duty during the period in question, she would not be entitled to incapacitation pay.

A complete copy of the AFRC/DPMB evaluation is at Exhibit K.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 4 Apr 05 for review and response.  As of this date, no response has been received by this office (Exhibit L).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  After a thorough review of this case, we find that there is insufficient evidence to warrant any corrective action regarding the applicant’s request for incapacitation pay for the period 1 Nov 98 to 30 Sep 03.  We note that based on the recommendations of the Air Force offices of primary responsibility (OPRs), the Board had previously determined the applicant should be evaluated to ascertain her medical condition at the time of her involuntary discharge on 1 Nov 98.  She was ultimately found to have been fit for return to duty, as of 1 Nov 98, by the FPEB after she successfully appealed the IPEB initial finding of unfitness.  As a result, and based on the Medical Consultant’s recommendation, the Board determined that her records should be corrected to allow her the opportunity to return to military service.  In view of the foregoing, we find the applicant’s assertion she is entitled to incapacitation pay for the period in question to be inconsistent with the finding she was fit for return to military duty.  Accordingly, we find no basis to act favorably on the applicant’s request.

2.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 this application in Executive Session on 21 Jun 05, under the provisions of AFI 36-2603:

The following additional documentary evidence pertaining to AFBCMR Docket Number BC-2001-03145 was considered:

    Exhibit H.  Memorandum for Chief of Staff, dated 25 Jan 01,
                w/atchs.
    Exhibit I.  Memorandum for Chief of Staff, dated 30 Sep 03,
                w/atchs.
    Exhibit J.  DD Form 149, dated 20 Nov 04, w/atchs.
    Exhibit K.  Letter, AFRC/DPMB, dated 30 Mar 05.
    Exhibit L.  Letter, SAF/MRBR, dated 4 Apr 05.