RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01378 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be granted a medical retirement. APPLICANT CONTENDS THAT: He was discharged without the option of a medical retirement and was informed that a service member with over 10 years of service is eligible for a medical retirement or to cross-train in order to gain service for retirement. The applicant's complete submission is at Exhibit A. STATEMENT OF FACTS: The applicant was seen by a Medical Evaluation Board (MEB) and his case was referred to an Informal Physical Evaluation Board (IPEB) with a diagnosis of “Bilateral Knee Pain.” On 7 September 2006, the IPEB found him unfit for further military service and recommended discharge with severance pay with a disability rating of 20 percent. Special Order PS-006, dated 14 October 2006 reflects the applicant was honorably discharged from the Air National Guard effective 23 October 2006, under the provisions of AFI 36-3209, Disability, Severance Pay. The applicant served 12 years, 4 months and 28 days total service for pay. AIR FORCE EVALUATION: AFPC/DPFDD recommends denial. DPFDD states the documentation provided by the applicant to support his claim is inadequate to allow a comprehensive review by this office. In the absence of a copy of the Air Force Form 356 and other medical board documents it is impossible to fully evaluate the applicant's claim. The DPFDD complete evaluation is at Exhibit C. AFBCMR Medical Consultant recommends denial. The Medical Consultant states it was only the applicant’s bilateral lower extremity compartment syndrome that prevented him from reasonably performing his military duties. Although the Department of Veterans Affairs (DVA) has utilized a different VASRD code to properly characterize the applicant’s medical problem, the assigned disability ratings are the same as assigned by the Military Department. Additionally, the Medical Consultant acknowledges that the applicant has received additional disability ratings for sinusitis and lumbosacral strain. However, neither of these conditions were shown to be individually unfitting or the cause for career termination. Moreover, the Consultant acknowledged that the applicant was assigned service connection and a disability rating for bilateral peripheral neuropathy. However, although the applicant reported complaints of numbness and tingling of the lower extremities during an examination in 2009 [which was attributed to his compartment syndrome], the evidence does not demonstrate that these symptoms were either present or were individually unfitting at the time of discharge. Unlike individuals on the Temporary Disability Retired List (TDRL), these new symptoms cannot be included in the disability rating determination, even though believed to be secondary to the original physical insults. The applicant is advised that, operating under a different set of laws, Title 38, U.S.C.), the DVA is authorized to offer compensation for any medical condition determined service incurred, without regard to [and independent of] its demonstrated or proven impact upon a service member’s retainability, fitness to serve, narrative reason for separation, or the intervening period since the date of separation. With this in mind, Title 38, U.S.C., which governs the DVA compensation system, was written to allow awarding compensation ratings for conditions that were not individually unfitting during military service or at the time of separation. The DVA is also empowered to conduct periodic re-evaluations for the purpose of adjusting the disability rating awards [increase or decrease] as the level of impairment from a given service connected medical condition may vary [improve or worsen] over the life time of the veteran, as noted with the subsequent inclusion of bilateral peripheral neuropathy in the applicant’s DVA disability rating computation from 2009. The AFBCMR Medical Consultant’s complete evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 12 November 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit E). 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 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 a thorough review of the evidence of record and the applicant’s submission, we believe that relief is not warranted and the applicant has not provided any evidence which would lead us to believe otherwise. His contentions are duly noted; however, the detailed comments provided by the AFBCMR Medical Consultant adequately address these concerns. Therefore, we agree with the opinion and recommendation of the Air Force Office of primary responsibility and the AFBCMR Medical Consultant and adopt their rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof that he has suffered either an error or an 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 the evidence presented did not demonstrate the existence of an 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-2014-01378 in Executive Session on 5 February 2015, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 March 2014, w/atchs. Exhibit B. Applicant’s Available Master Personnel Record. Exhibit C. Letter, AFPC/DPFDD, dated 12 August 2014. Exhibit D. Letter, AFBCMR Medical Consultant, dated 29 October 2014. Exhibit E. Letter, SAF/MRBR, dated 12 November 2014.