RECORD OF PRPOCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04044 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His disability rating be increased. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. He was awarded a higher disability rating by the Department of Veterans Affairs (DVA) for his service-connected disability of major depressive disorder, single episode, associated with anxiety disorder, not otherwise specified (NOS); however, the Air Force determined his condition could be unfitting but was not compensable or ratable. 2. He received a permanent change of station (PCS) assignment; was placed on medical hold for two and a half years; and was unable to do his job or any meaningful work. 3. He just wanted to get off of medical hold and move on with his life. He thought that once he got out he would be able to find a job doing what he did while in the military or go back to school and get a degree. 4. He was not able to secure employment in the career field he had while on active duty because it had been too long since he last performed his job and he did not have enough experience. 5. His back bothers him and it is hard for him to sit through classes for long periods of time. He is still trying to work his way through school, but it is hard given his disabilities. In support of his request, the applicant provides copies of his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board (PEB) and his Department of Veterans Affairs (DVA) rating decision. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 1 Oct 03, the applicant enlisted in the Regular Air Force. The applicant had an approved date of separation (DOS) of 30 Sep 07; however, he was involved in a mountain bike accident that injured his back. The applicant’s separation was cancelled and he was subsequently placed on medical hold to have back surgery. The applicant was assigned to the patient squadron at Andrews Air Force Base, MD awaiting a medical evaluation board (MEB). On 6 Oct 08 a MEB convened to consider the applicant for separation/retirement. The board recommended the applicant be referred to an Informal Physical Evaluation Board (IPEB) for chronic pain associated with compression fractures T-10-12, L1, depressive disorder and his history of testicular cancer that was in remission. On 1 Dec 08, the IPEB reviewed the case and found the applicant unfit and recommended discharge with severance pay and a disability rating of 10 percent for back pain associated with T- 10-12 and L1 compression fractures. The IPEB determined the applicant’s major depressive disorder, single episode, associated with anxiety disorder, not otherwise specified; testicular cancer in remission; neuralgia, right genitofemoral nerve, and tinea pedis were conditions that could have been unfitting but were not compensable or ratable at that time. On 4 Dec 08, the applicant concurred with the findings and recommended disposition of the IPEB and waived his right to a formal PEB hearing. On 4 Dec 08, officials within the Office of the Secretary of the Air Force (SAF) determined the applicant was physically unfit for continued military service and directed an honorable discharge with 10 percent severance pay. On 29 Dec 08, the applicant was discharged, after completing 5 years, 2 months and 29 days of total active service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSD recommends denial. The Department of Defense (DoD) and the DVA disability evaluation systems (DES) operate under separate laws. Under Title 10 USC, PEBs must determine if a member’s condition renders them unfit for continued military service relating to their office, grade, rank or rating. The fact that a person may have a medical condition does not mean the condition is unfitting for continued military service. To be unfitting, the condition must be such that it alone precludes the member 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 the Air Force disability boards must rate disabilities based on the member’s condition at the time of evaluation; in essence a snapshot of their condition at the time. It is the charge of the DVA to pick up where the Air Force 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 two agencies. Additionally, the preponderance of the evidence reflects that no error or injustice occurred during the disability process or the rating applied at the time of the Board. The complete DPSD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 20 Dec 11 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. _________________________________________________________________ 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. We took careful notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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 issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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-2011-04044 in Executive Session on 10 May 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining was considered: Exhibit A. DD Form 149, dated 9 Oct 11, w/atchs. Exhibit B. Applicant's Military Personnel Records. Exhibit C. HQ AFPC/DPSD, Letter, dated 19 Dec 11. Exhibit D. SAF/MRBR, Letter, dated 29 Dec 11.