RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01900
		INDEX CODE:  111.02
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His discharge with severance pay be changed to reflect a permanent disability retirement. 

2.  Block 8b, on his DD Form 214, Certificate of Release or Discharge from Active Duty be changed from Randolph Air Force Base (AFB) to Grand Forks AFB.

3.  Block 18, on his DD Form 214, be corrected to reflect the severance pay amount he actually received.

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APPLICANT CONTENDS THAT:

He waited six months for his DD Form 214 and discovered these errors.  He should have been offered a medical retirement as opposed to a discharge after serving more than 13 years on active duty.  He was improperly counseled during the separation process and should have been briefed on medical retirements.  He was not advised that his total active duty time could have been calculated with the percentage he was granted for his injury.  

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 21 Jan 94, the applicant enlisted in the Regular Air Force.

On 4 Apr 07, he was considered by a Medical Evaluation Board (MEB) with a diagnosis of cervical radiculopathy.  The MEB determined his condition was in the line of duty (LOD) and referred his case to the Informal Physical Evaluation Board (IPEB).

On 16 May 07, the IPEB reviewed his case and recommended discharge with a disability rating of 10%.  On 2 Jul 07, he disagreed with the findings and subsequently appeared before the Formal Physical Evaluation Board (FPEB) with counsel.  The FPEB examined the evidence presented at the hearing and recommended discharge with a disability rating of 10%.  The FPEB duly noted his contention that he was fit for return to duty and he testified that his condition had improved.  The FPEB acknowledged his progress with the new physical therapy; however, they did not believe he was fully fit to continue his primary duties.

On 13 Jul 07, he disagreed and submitted a rebuttal to the Secretary of the Air Force Personnel Council (SAFPC) for review.  The SAFPC reviewed the case file with the new evidence and concurred with the disposition of the previous boards and upheld the recommendation of discharge with a disability rating of 10%.  The board acknowledged he was able to perform less strenuous administrative duties but his medical condition prevented him from performing the full spectrum of duties for which he was trained.

On 24 Aug 07, the SAFPC determined he was physically unfit for continued military service and directed discharge with severance pay.

On 15 Oct 07, he was discharged with severance pay in the grade of staff sergeant after serving 13 years, 8 months and 25 days on active duty. 

HQ AFPC will administratively correct Block 8b, Station Where Separated and Block 18, Severance Pay Amount, on his DD Form 214.

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AIR FORCE EVALUATION:

AFPC/DPSD recommends denial.  DPSD states “Discharged” is the correct entry in Block 23 on his DD Form 214 for a person who was approved for a medical separation.  The preponderance of evidence reflects that no error or injustice occurred during the disability process.

The complete DPSD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 18 Jul 08 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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ADDITIONAL EVALUATION:

The BCMR Medical Consultant recommends denial.  The BCMR Medical Consultant states a disability retirement is not granted as a reward for a service members’ lengthy and honorable service.  Instead the determination of medical retirement eligibility is based upon the clinical manifestations and functional impairment resulting from one or more given medical conditions; then utilizing these findings against the disability rating criteria and guidelines outlined in Veterans Administration Schedule for Rating Disabilities (VASRD) and Department of Defense instructions.  Specifically, in order to qualify for retirement eligibility the disability rating must be a minimum of 30%.  Any disability rating percentages for service-connected medical conditions or a combination of conditions that falls below 30%, by statue results in discharge with severance pay.  In order for the applicant to have reached retirement eligibility for his neck ailment, certain clinical criteria must have been met to achieve the minimum qualifying disability rating.  The applicant’s cervical spine range of motion was described as full.  Therefore, he would not have qualified for retirement eligibility under the range of motion criterion.  Secondly, although he reported radicular symptoms involving his upper extremity; the electrodiagnostic studies, MRI scan, and myelogram did not demonstrate evidence of direct nerve root involvement that could otherwise justify a separate rating under 8500 series (neurological disorders).  Consequently, there is no objectively identifiable anatomic or physiologic basis for this description other than the subjective symptoms reported by the applicant.  Additionally, noting that he had previously aspired to return to duty and has shown some level of improvement in his condition (but not sufficient for a return to duty), the BCMR Medical Consultant found no evidence that the applicant experienced any episodes of incapacitation of a sufficient duration to qualify for a medical retirement under the alternative disability rating criterion.  The BCMR Medical Consultant finds no evidence of an error or injustice that justifies a change of the applicants discharge with severance pay to a medical retirement.

The complete BCMR Medical Consultant evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF THE ADDITIONAL EVALUATION:

A copy of the BCMR Medical Consultant’s evaluation was forwarded to the applicant on 22 Sep 08, for review and comment within 30 days.  As of this date, this office has received no response (Exhibit F).

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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 an error or injustice.  Evidence has not been presented which would lead us to believe that the applicant’s disability processing and the final disposition of his case were in error or contrary to the governing Air Force regulations, which implement the law.  We agree with the opinions and recommendations of the Air Force office of primary responsibility and the BCMR Medical Consultant and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 BC-2008-01900 in Executive Session on 18 Nov 08, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-01900 was considered:

   Exhibit A.  DD Form 149, dated 16 May 08, w/atchs.
   Exhibit B.  Master Military Personnel Records.
   Exhibit C.  Letter, AFPC/DPSD, dated 29 May 08, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 18 Jul 08.
   Exhibit E.  Letter, BCMR Medical Consultant, dated 19 Sep 08.
   Exhibit F.  Letter SAF/MRBR, dated 22 Sep 08.

		XXXXXXXXXX
		Panel Chair