RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03113 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her medical discharge be changed to a medical retirement. _________________________________________________________________ APPLICANT CONTENDS THAT: Her symptoms of Sjogren’s Syndrome should have been rated for consideration for a medical retirement rather than a disability discharge. Prior to her discharge she displayed symptoms of Sjogren’s and was diagnosed with de Quervain’s Tendonitis and arthritis of the Trapezium bone of her right hand. In 2005, she was diagnosed with primary biliary cirrhosis (PBC), and in 2006, she was diagnosed with Sjogren’s and Raynaud’s Syndromes. She further contends the medication Aulin/Nimesulide she was prescribed may have caused her PBC. In support of her request, the applicant provides a copies of her DD Form 293, Application for Review of Discharge from the Armed Forces of the United States, Social Security Card, Driver’s License, and documents extracted from her medical records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 30 Aug 93, the applicant contracted her initial enlistment in the Regular Air Force. She served as a Supply Management Craftsman. On 5 Apr 04, the applicant underwent a Medical Evaluation Board (MEB). The MEB diagnosed her with severe right de Quervain Tenosynovitis her and recommended that she be referred to an Informal Physical Evaluation Board (IPEB). On 14 Apr 04, the IPEB found the applicant unfit and recommended her separation with severance pay with a 10 percent compensable disability rating. On 26 Apr 04, the applicant concurred with the findings and recommendations of the IPEB. On 14 Jun 04, the applicant was discharged with severance pay with a 10 percent disability rating. She served 10 years, 9 months, and 15 days of active service. The Department of Defense (DoD) and the Department of Veterans Affairs (DVA) disability evaluation systems operate under separate laws. Under Title 10, U.S.C, a PEB must determine if a condition renders a member unfit for continued military service. The fact that a person may have a medical condition does not mean that the condition is unfitting for continued military service. To be unfitting, the condition must be such that it alone precludes the individual from fulfilling their military duties. If the board renders a finding of unfit, the law provides appropriate compensation due to the premature termination of their career. Further, it must be noted that the service disability boards must rate disabilities based on the individual's condition at the time of evaluation. It is the charge of the DVA to pick up where the AF must, by law, leave off. Under Title 38, the DVA may rate any service-connected condition based upon future employability or reevaluate based on changes in the severity of a condition. This often results in different ratings by the DoD and DVA. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends the requested relief be denied. DPPD states the preponderance of evidence reflects that no error or injustice occurred during the disability process. The complete AFPC/DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 Oct 11, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The AFBCMR Medical Consultant recommends denial noting that while there may have been sufficient evidence of record for the DVA to establish a nexus between the applicant's military service and her post-service diagnosis of PBC with possible secondary or associated Sjogren's and Raynaud's Syndrome, neither of the conditions presented as independent diagnosable impediments to the performance of the applicant's military duties to the extent that warranted a retroactive unfit finding for each and inclusion in her discharge disability rating computation. The evidence does not reflect there existed a cause and effect relationship between the applicant's post-service diagnosis of PBC, Sjogren's and Raynaud's Syndrome and her inability to perform of her military duties. The complete AFBCMR Medical Consultant’s evaluation is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the AFBCMR Medical Consultant evaluation was forwarded to the applicant on 24 Jan 12, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). 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 an error or injustice. After thoroughly reviewing the evidence of record, the Board is not persuaded that relief should be granted. The applicant was separated for an unfitting condition that interfered with her ability to continue to serve on active duty and was rated based on the seriousness of her condition at the time of separation. It appears the applicant believes that her subsequent diagnosis of primary biliary cirrhosis (PBC) in 2005 and Sjogren’s and Raynaud’s Syndromes in 2006 should receive consideration in changing her disability discharge to a medical retirement. However, we do not find the applicant’s assertions and the documentation provided sufficient to convince us that the conditions diagnosed subsequent to her service were present and unfitting at the time of her separation. In this respect, we note the military service disability system can only offer compensation for those service incurred diseases or injuries which specifically rendered a member unfit for continued military service and were the cause for career termination. Thus, the mere presence of a medical condition during military service does not automatically constitute a basis for a disability separation or retirement. As for the applicant's assertion that the medication she was prescribed during her service for an unrelated condition likely caused her PBC, while this fact may help establish a connection with military service, it does not establish a causal relationship with the applicant's inability to perform her military duties at the time of her discharge or as a contributory reason for shortening her military career. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. 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 issue(s) involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2011-03113 in Executive Session on 22 Mar 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Jun 11, w/atchs. Exhibit B. Applicant's Military Personnel Records. Exhibit C. Letter, HQ AFPC/DPPD, dated 21 Sep 11. Exhibit D. Letter, SAF/MRBBR, dated 21 Oct 11. Exhibit E. Letter, AFBCMR Medical Consultant, dated 20 Jan 12. Exhibit F. Letter, AFBCMR, dated 24 Jan 12.