RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00286
		INDEX CODE: 108.01, 110.02
	   	COUNSEL:  None

	 	HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  27 Jul 06

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APPLICANT REQUESTS THAT:

Her voluntary separation on 1 Jul 96 be changed to a medical retirement for multiple sclerosis (MS).

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APPLICANT CONTENDS THAT:

While in the military, she suffered from back problems, fatigue, and depression--all symptoms of MS.  She was diagnosed with the disease five months after her separation.  She has spent the past years obtaining a 100% disability rating from the Department of Veterans Affairs (DVA) and Social Security disability benefits.

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

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STATEMENT OF FACTS:

Detailed medical facts pertaining to this application, extracted from the applicant’s military and medical records (Exhibits A and B), are contained in the AFBCMR Medical Consultant’s evaluation at Exhibit C.

The applicant enlisted in the Regular Air Force on 15 Dec 89.  She served primarily as a personnel specialist/journeyman.  Her Enlisted Performance Reports (EPRs) all reflect the highest overall rating of “5.”

The applicant sought care for acute low back pain on 28 Jan 91, the day after returning from a hiking/camping trip during which she carried a 30-40 pound pack.  She was hospitalized for bed rest.  She experienced recurrent low back pain related to childbirth in 1992 and again in late 1993 while pregnant.  A physical therapy evaluation in Oct 93 documented absence of discomfort radiating to the legs and, on exam, localized the discomfort to the sacroiliac joint.  

On 1 Jun 95, the applicant applied for separation under the Fiscal Year 1995/1996 (FY95/96) Limited Active Duty Service Commitment (ADSC) Waiver Program.  Her request was approved with a separation date effective 3 Sep 96.

In the fall of 1995, the applicant was treated for symptoms of depression associated with marital discord and the stress of being on the Weight Management Program.

On 4 Oct 95, the applicant requested, and was approved for, an accelerated separation date of 1 Jul 96.  Her stated reason was that she wanted to relocate her family to Michigan prior to her and her husband’s entry into college.  She indicated that, with her terminal leave, the earlier date would allow them to enter the summer session beginning the end of May 96.

By 24 Jan 96, following treatment of individual/co-joint marital counseling as well as an anti-depression medication, the applicant reported feeling better and able to deal with stressors more effectively.

In Jan 96, the applicant reported experiencing mild low back pain with prolonged standing or walking.  In Feb 96, she presented to the primary care clinic with acute low back pain without radiation and was referred for treatment in the chiropractic clinic.  Improvement was documented by 9 Feb 96.  

On 16 Feb 96, timed with contemplated terminal leave to commence in May, a separation physical exam found the applicant normal.  Chiropractic medical entries by mid-Mar 96 indicated slight discomfort.  A clinic visit on 15 Apr 96 for prescription refills recorded that the applicant had no complaints and other than this refill request for Prozac, there are no further entries in the service medical record for depression.  On 29 Apr 96, the applicant reported feeling good with no back pain; the physical exam was normal.  There are no further service medical record entries for back pain.

On 1 Jul 96, after 6 years, 6 months, and 17 days of active service, the applicant was honorably discharged in the grade of senior airman for Miscellaneous/General Reasons.

In Dec 96, the applicant experienced an abrupt 24 hours onset of cold/tingly/numb sensation of the left leg, left side of the trunk, and left arm.  The suspected diagnosis of MS was confirmed a few months later with recurrent symptoms meeting accepted diagnostic criteria.  The DVA granted service connection for MS on 20 Feb 98.  When combined with her other service-connected disability ratings, the applicant is rated at 100% (30% for MS).  She has received Social Security disability compensation since Oct 99.
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AFBCMR MEDICAL CONSULTANT EVALUATION:

The AFBCMR Medical Consultant provides detailed comments regarding the applicant’s medical condition/history, discusses the differences between the Air Force Disability Evaluation System (DES) and the DVA system, and recommends the appeal be denied.  The evidence of record clearly shows the applicant voluntarily separated and at the time of her separation she manifested no condition to a degree that warranted evaluation in the DES.  The DVA may presumptively grant service-connected disability compensation for conditions manifested to a compensable degree within one year of separation.  However, this is not a reason to retroactively grant Air Force disability retirement benefits for a condition that did not manifest to an unfitting degree or that was even reasonably diagnosable while the applicant was in the service prior to the date of separation.  

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 29 Mar 06 for review and comment 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 error or injustice.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded her voluntary separation should be changed to a medical retirement for MS.  The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the evidence of record and the rationale provided by the AFBCMR Medical Consultant.  The applicant’s records clearly indicate she voluntarily requested separation and, at the time of her separation, she did not manifest a condition that was unfitting or even reasonably diagnosable during her active service.  The applicant has not established to our satisfaction that she should have been processed through the Air Force DES.  We therefore agree with the recommendations of the Medical Consultant and adopt the rationale expressed as the basis for our decision that the applicant has not sustained her burden of having suffered either an error or an injustice.  In view of the above and absent persuasive evidence to the contrary, 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 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 11 May 2006 under the provisions of AFI 36-2603:

				 , Panel Chair
				 , Member
				 , Member

The following documentary evidence relating to AFBCMR Docket Number BC-2005-00286 was considered:

   Exhibit A.	DD Form 149, dated 17 Jan 05, w/atchs.
   Exhibit B.	Applicant's Master Personnel Records.
   Exhibit C.	Letter, AFBCMR Medical Consultant, dated 3 Jan 06.
   Exhibit D.	Letter, SAF/MRBR, dated 29 Mar 06.

 
                                   Panel Chair