RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03958
		INDEX CODE:  108.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, Item 10d, be changed to reflect that his unfitting medical condition for his degenerative disk disease was the result of a combat related injury.

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APPLICANT CONTENDS THAT:

A 500-pound bomb was inadvertently lowered on top of him causing a fracture of his C-7, two thoracic, and two lumbar vertebrae during an Operational Readiness Exercise (ORE) at Kunsan AB, Korea in Jan 93, resulting in his degenerative disk disease.

In support of his appeal, the applicant provided extracts from his medical records, which included the AF Form 356.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 14 Nov 80.  Prior to the matter under review, he was progressively promoted to the grade of master sergeant.

On 15 Oct 02, a Medical Evaluation Board (MEB) convened and established diagnoses of degenerative disc disease; right knee - grade III horizontal tear of meniscus, status post arthroscopy; sensory neural, hearing loss and tinnitus, and dysequilibrium.  The MEB recommended that the applicant’s case be forwarded to an Informal Physical Evaluation Board (IPEB).

On 31 Oct 02, the applicant’s case was considered by an IPEB.  The IPEB rendered a diagnosis of degenerative disk disease.  The IPEB found that the applicant was unfit because of physical disability (degenerative disk disease), that the disability was incurred while the applicant was entitled to receive basic pay, that the disability was incurred in the line of duty, that the disability was ratable under VA Diagnostic Code 5293 at 20 percent, and that the disability was permanent.  The IPEB did not find that the disability was the direct result of a combat related injury.  The IPEB also rendered diagnoses of right knee pain, status post arthroscopy; sensory neural hearing loss, and dysequilibrium, tobacco abuse, and overweight, but found that while the conditions could be unfitting, they were not currently compensable or ratable.  The IPEB recommended that the applicant be permanently retired.  The applicant agreed with the findings and recommended disposition of the IPEB.

On 4 Mar 03, the applicant was relieved from active duty and permanently retired, effective 5 Mar 03, by reason of physical disability, with a compensable rating of 20 percent.  He was credited with 22 years, 3 months, and 21 days of active duty service.

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AIR FORCE EVALUATION:

AFPC/DPPD recommended denial noting that the purpose of the Air Force Disability Evaluation System (DES) is to maintain a fit and vital force by separating or retiring members who are unable to perform the duties of their office, grade, rank or rating.  Those members who are separated or retired by reason of a physical disability may be eligible for certain disability compensation.  The decision to process a member through the military DES is determined by an MEB when he or she is determined disqualified for continued military service.  The decision to conduct an MEB is made by the medical treatment facility providing health care to the member.

AFPC/DPPD indicated that an examination of the disability processing file reflected the applicant was presented before an MEB and the results forwarded to the IPEB for adjudication of the case.  The board subsequently reviewed the file and determined that the applicant’s degenerative disk disease was unfitting for continued military service and recommended that he be permanently retired with a 20 percent disability rating under the provisions of Title 10, United States Code (USC), Section 1201.  The applicant concurred with the findings and recommendations of the IPEB, and shortly thereafter officials within the Office of the Secretary of the Air Force directed he be permanently retired for a physical disability.

To ensure that the applicant received a full and fair hearing, AFPC/DPPD stated the case was once again forwarded to the IPEB for a combat related injury determination in accordance with AFI 36-3212, paragraphs 3.26.1 and 3.27.2.1.3.  The Board subsequently concluded that the applicant’s injury in 1993, as documented in a physical therapy consult and a clinical visit entry both dated 14 Jan 93, was a strain/overuse injury rather than an acute traumatic injury caused by a weapon (500-pound bomb) as claimed in applicant’s appeal.  The clinic note, in fact, specifically stated “no known acute injury,” directly contradicting individual’s claim.  The board also confirmed that the applicant’s condition (degenerative disc disease) is a naturally slowly progressive medical condition.  As such, there is no documentation of his claimed trauma.  The IPEB found no basis to support approval of his application.  The applicant’s statement that his ordeal occurred during an Operational Readiness Exercise in Jan 93 could not be confirmed or verified from his records, another requirement for approval of his request.

Following their examination of the file, and taking into account the preponderance of evidence provided, AFPC/DPPD indicated that they were unable to justify why his disability processing records should reflect that his degenerative disk disease was the result of a combat related injury.  In their view, the applicant did not provide sufficient documentation to confirm that his current unfitting medical condition was the direct result of a combat related injury as defined in AFI 36-3212.

A complete copy of the AFPC/DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that contrary to what may be documented in his medical records, his contention that a 500-pound bomb was lowered on him is true.  The only time he remembers hurting his back was during the Operational Readiness Exercise in Korea.  In his view, it is a discredit to the military medical system that the damage to his back was not treated properly, documented, or found earlier.

Applicant’s complete response is at Exhibit E.

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s assertions or the documentation presented in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR).  No evidence has been presented which has shown to our satisfaction that the applicant's unfitness for continued military service by reason of physical disability was the result of a combat related injury.  In view of the foregoing, and in the absence of  evidence to the contrary, we agree with the recommendation of the OPR and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of establishing that he has suffered either an error or an injustice.  Accordingly, the we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2002-03958 in Executive Session on 27 May 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Dec 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 27 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.
    Exhibit E.  Letter, applicant, dated 25 Feb 03.