RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00172 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her disability discharge, with severance pay (DWSP) be changed to a medical retirement. ________________________________________________________________ APPLICANT CONTENDS THAT: She was discharged with a 10 percent disability rating, with severance pay. Upon discharge, she immediately filed and was awarded a 100 percent combined rating from the Department of Veterans Affairs (DVA) for fibromyalgia, degenerative disc disease, and major depression. In support of her appeal, the applicant provides a copy of her Social Security Administration (SSA) and DVA disability rating decisions. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant, a technical sergeant, served as a Computer Systems Operations Craftsman, with a date of rank of 1 Feb 03. On 12 Dec 05, the Informal Physical Evaluation Board (IPEB) found the applicant’s condition of chronic neck pain, status post C5-6 and C6-7 fusion, with normal neurodiagnostic studies, seasonal allergic rhinitis, and history of colon polyps unfitting and recommended DWSP, with a disability rating of 10 percent. The applicant’s case was forwarded to the Formal PEB (FPEB) and they concurred with IPEB’s findings, with additional findings of myofascial pain syndrome (Fibromyalgia- like) unfitting, and recommended DWSP, with a disability rating of 10 percent; on 8 Feb 06, the applicant disagreed with the findings of the FPEB. The applicant’s case was forwarded to the Secretary of the Air Force Personnel Council (SAFPC), on 7 Jun 06, and they directed the applicant be disability separated from active service, with a compensable disability rating of 10 percent. On 25 Jul 06, the applicant was medically disability discharged under the provisions of AFI 36-3212, with a compensable disability rating of 10 percent, with severance pay. She was credited with 13 years, 2 months, and 12 days of active duty service. ________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The applicant entered military service on 14 May 93 and was discharged by reason of a disability with entitlement to severance pay, on 25 Jul 06. The applicant was treated with conservative pain management which was not beneficial and underwent surgical fusion of C5, C6, and C7 in Aug 2004. The fusion was not successful in relieving the applicant's pain and she continued to have conservative pain management treatment. The applicant felt she was no longer fit for military duty and discussed retirement with her Primary Care Manager (PCM) who agreed and recommended a Medical Evaluation Board (MEB). Her case was subsequently forwarded to SAFPC, who found no substantial evidence the applicant's myofascial pain had independently cut her military service short. SAFPC did not overturn the findings of the IPEB and FPEB. They encouraged the applicant to utilize the DVA to address her long term health care needs and to adjust the disability rating award should her level of impairment change over time. The Board also explained the Military Disability Evaluation System (MDES), chartered to maintain a fit and vital force can only compensate service members for the condition that precluded the performance of military service and only to the degree of severity at the time of case disposition. The applicant has appropriately taken advantage of the DVA to continue to address her long term health care needs and to have her disability rating adjusted as her condition has worsened. However, that does not change what her condition was, or its level of severity, at the time of separation. In addition, the findings of the Social Security Disability system have no bearing on the determination of separation from the military. The complete BCMR Medical Consultant 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 4 Aug 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. We took notice of the applicant's complete submission in judging the merits of the case. However, it appears based on the preponderance of the evidence, the applicant’s disability rating of 10 percent was properly adjudicated and we found no evidence which would lead us to believe that her separation was in error or contrary to the governing Air Force instructions. The applicant’s case has undergone an exhaustive review by the BCMR Medical Consultant and we did not find the evidence provided sufficient to overcome his assessment of the case. Therefore, we agree with his recommendation and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden that she has suffered from an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00172 in Executive Session on 23 February 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dated 28 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 4 Aug 10. Panel Chair