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

IN THE MATTER OF:	DOCKET NUMBER: 01-03585

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her disability percentage of 60% be increased to 100%.

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RESUME OF CASE:

On 19 April 2001, a Medical Evaluation Board (MEB) convened to determine whether the applicant should be continued on active duty because of persistent neurological and/or emotional conditions which, despite adequate treatment, interfered with her effective performance of duties.  Based on the diagnoses of cervicalgia with radiculopathy, degenerative disc disease, ulnar neuropathy, headache, depression, demylelination, and chronic pain syndrome, they referred her to an Informal Physical Evaluation Board (IPEB).

On 10 September 2001, an IPEB convened and determined that based on the diagnoses of multiple sclerosis associated with cervicalgia with ulnar radiculopathy, depression, and headaches of mixed etiology, VASRD 8018-8105, she be permanently retired with a 50% disability rating.  The IPEB indicated that the applicant suffered from a variety of conditions which were manifested by overlapping symptoms, any of which singularly would probably not prevent her from performing duties commensurate with her office, grade, rank, or rating, but jointly rendered her unfit for further military duty.  The applicant did not agree with the findings and recommendations of the IPEB and demanded a formal hearing before a Formal Physical Evaluation Board (FPEB).

On 17 October 2001, an FPEB convened and based on the diagnoses of multiple sclerosis associated with cervicalgia with ulnar radiculopathy, depression, and headaches of mixed etiology, VASRD 8018-8105, rated at 50%, and fibromyalgia, VASRD 5025, rated at 20%, recommended she be temporarily retired with a 60% disability rating.  The FPEB noted that the current compensable rating reflected great benefit of doubt given to the applicant because the depressive symptoms so overlapped the other symptoms.  The applicant did not agree with the findings and recommendation of the FPEB and indicated her desire to submit a rebuttal.  The applicant had until 1 November 2001 to submit her rebuttal.  On 2 November 2001, AFPC/DPPD indicated that no rebuttal was received by close of business 1 November 2001.

Effective 25 December 2001, the applicant was placed on the Temporary Disability Retired List (TDRL) with a compensable disability percentage of 60%.  The applicant completed 18 years, 3 months, and 24 days of active service.

On 16 April 2002, the Board considered applicant’s request that her disability percentage be increased to 100%.  The Board found sufficient evidence to warrant correcting the applicant’s records to reflect that she timely filed an appeal of the FPEB’s findings and recommendations and her appeal was forwarded to the Air Force Personnel Board (AFPB) for consideration prior to rendering a final decision on her request that the percentage of her disability be upgraded to 100%.

On 10 July 2002, the Director, Air Force Review Boards Agency, approved the recommendation of the Board and directed that the applicant’s appeal to the findings and recommendation of the Formal Physical Evaluation Board (FPEB) be forwarded to the Air Force Personnel Board (AFPB) for consideration in accordance with AFI 36-3212 and the findings of the AFPB be forwarded to the Air Force Board for Correction of Military Records at the earliest practicable date so that all necessary and appropriate actions may be completed.

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ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPPD states, in part, that the findings and recommendation of the FPEB along with the applicant’s rebuttal for a permanent retirement were forwarded to the Secretary of the Air Force Personnel Council (SAFPC) for adjudication and SAFPC recommended that she be removed from the TDRL and permanently retired with a 60% rating.

The AFPC/DPPD evaluation, with attachment, is at Exhibit H.

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APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicant reviewed the additional Air Force evaluation and provided a response.  In further support of the appeal, she submits her personal statement, a statement from a recent roommate, and various articles regarding depression and multiple sclerosis.

The applicant’s complete responses, with attachments, are at Exhibits J and K.

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THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant permanently retiring the applicant by reason of physical disability.  The FPEB findings and recommendations and the applicant’s appeal to those findings and recommendations have been considered by the SAFPC.  The SAFPC recommends that she be permanently retired with a combined disability rating of 60% (50% for Multiple Sclerosis and 20% for Fibromyalgia).  However, after a thorough review of the evidence of record and applicant’s submission, we believe that she should be permanently retired with a 100% disability rating.  In this respect, we note that in preparation for her MEB, she was examined by a Veterans Administration (VA) Contract Physician who indicated that, in his opinion, she is most likely 100% disabled.  In addition, the applicant’s roommate has provided a statement detailing the applicant’s recent day-to-day struggle with her debilitating conditions.  In view of this, and given the Medical Report, dated 24 July 2001, we recommend that the applicant be permanently retired with a 100% disability rating effective the date of this Board.

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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:

	a.	On 30 January 2003, her name was removed from the Temporary Disability Retired List (TDRL).

	b.	On 31 January 2003, she was honorably discharged and, effective 1 February 2003, she was permanently retired by reason of physical disability under the provisions of Title 10, USC, Section 1201, and AFI 36-3212, with a compensable disability rating of 100%.

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The following members of the Board considered Docket Number 01‑03585 in Executive Session on 31 January 2003, under the provisions of AFI 36-2603:

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

    Exhibit G.  Record of Proceedings, dated 10 Jul 02, w/atchs.
    Exhibit H.  Letter, AFPC/DPPD, dated 3 Sep 02, w/atchs.
    Exhibit I.  Letter, AFBCMR, dated 18 Sep 02.
    Exhibit J.  Letter, Applicant, dated 17 Oct 02, w/atchs.
    Exhibit K.  Letter, Applicant, dated 12 Dec 02.

AFBCMR 01-03585

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 APPLICANT, be corrected to show that:

		a.	On 30 January 2003, her name was removed from the Temporary Disability Retired List (TDRL).

		b.	On 31 January 2003, she was honorably discharged and, effective 1 February 2003, she was permanently retired by reason of physical disability under the provisions of Title 10, USC, Section 1201, and AFI 36-3212, with a compensable disability rating of 100%.