RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01811 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His disability discharge, with severance pay (DWSP) be changed to a medical retirement. ________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged with a 10 percent disability rating, with severance pay. Upon discharge, he immediately filed and was awarded a 50 percent combined rating from the Department of Veterans Affairs (DVA) for bipolar disorder, major depressive disorder, Nephrolithiasis, and post-traumatic stress disorder (PTSD), which he believes was present at discharge. In support of his appeal, the applicant provides a copy of his DVA disability rating decision. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant, a senior airman served as an Eagle, Electrical, and Environmental Systems Journeyman, with a date of rank of 16 Apr 05. On 20 Feb 07, the Informal Physical Evaluation Board (IPEB) found the applicant’s condition of chronic right lower abdominal pain with unknown etiology unfitting and recommended DWSP, with a disability rating of 10 percent; however, on 6 Mar 07, the applicant non-concurred with the IPEB findings. The applicant’s case was forwarded to the Formal PEB (FPEB) and they concurred with the findings of the IPEB. On 30 Apr 07, the applicant agreed with the findings of the FPEB. The applicant’s case was reviewed by the Secretary of the Air Force Personnel Council (SAFPC), on 7 May 07, and they directed the applicant be disability separated from active service. On 20 Jun 07, the applicant was honorably discharged under the provisions of AFI 36-3208, with a disability rating of 10 percent, with severance pay. He was credited with 4 years, 9 months, and 11 days of active duty service. ________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The applicant entered military service on 10 Sep 02 and was discharged by reason of a disability with entitlement to severance pay, on 20 Jun 07. The record shows the applicant was under extensive evaluations and treatment for depression and anxiety, kidney stones, and chronic right lower abdominal pain from 2004 to his discharge in 2007. He ultimately underwent a Medical Evaluation Board (MEB) and his case was referred to a Physical Evaluation Board (PEB) for a determination of his fitness to serve. The IPEB and FPEB found the applicant unfit only for his chronic right lower abdominal pain and rated the condition at 10 percent. The applicant's depressive disorders and anxiety disorder were not found unfitting. The BCMR Medical Consultant notes the DVA has rated the applicant at 30 percent for a newly diagnosed Bipolar Disorder, 10 percent for abdominal pain, and 10 percent for kidney stones; despite the fact that the multiple medical assessments and specialty consultations during the applicant's military service failed to attribute kidney stones as the cause of his abdominal pain; and thus, chose not to list this as an unfitting clinical disorder. Additionally, although the applicant indeed carried a co-morbid diagnosis of Major Depressive Disorder (and at one point was diagnosed with Pain Disorder and Anxiety Disorder) there is no clear evidence that either diagnosis individually interfered with the applicant's military service to the extent that should have been a contributory cause for career termination. If anything, the condition could have been listed as Major Depressive Disorder secondary to abdominal pain, Major Depressive Disorder associated with abdominal pain or as Abdominal Pain with secondary depression. Neither the IPEB/FPEB nor DVA took this tact. Additionally, since his discharge a DVA examiner made a new diagnosis of Bipolar Disorder; but did not make it clear whether the Bipolar Disorder represented correction of an erroneous diagnosis or represented a completely de novo diagnosis retroactively connected with military service. Therefore, there is insufficient evidence among the applicant's service and DVA medical documentation to invalidate the accuracy or appropriateness of the diagnoses (pl.) he received during military service; which was based upon the symptoms he reported or displayed at the time. The Consultant concludes the applicant has not met the burden of proof of an error or injustice that warrants the desired change of the record. The complete BCMR Medical Consultant evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He reiterated his original contentions that his other medical conditions, specifically, the bipolar disorder, kidney stones, and gastro esophageal reflux disease (GERD), should have been rated as a part of his disability separation. Subsequent to his initial rating, the DVA has increased his combined rating to 70 percent. In support of his appeal, the applicant provides a copy of his DVA rating decision updated. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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. The applicant requests his DWSP be changed to a medical retirement. However, it appears based on the preponderance of the evidence that the applicant’s disability rating of 10 percent was properly adjudicated and we found no evidence which would lead us to believe that his 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. In addition, we note the Military Disability Evaluation System (MDES) only offers compensation for the medical condition that is the cause for career termination; and then only to the degree of impairment present at the time of final disposition or military separation. Conversely, the Department of Veterans Affairs (DVA) operates under a separate set of laws which takes into account the fact that a person can acquire physical conditions during military service that, although not unfitting at the time of separation, may later progress in severity and alter the individual's lifestyle and future employability. Thus the two systems represent a continuum of medical care and disability compensation that starts with entry on to active duty and extends for the life of the veteran. Therefore, we agree with the recommendation and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he 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-2010-01811 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 2 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Consultant, dated 8 Nov 10. Exhibit D. Letter, SAF/MRBR, dated 12 Nov 10. Exhibit E. Letter, Applicant, dated 3 Dec 10, w/atchs. Panel Chair