ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-00247

	COUNSEL: YES

 	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

The applicant requests that the Board reconsider his request that his reduction in force separation from the Air Force be changed to medically retired.  

RESUME OF THE CASE:

On 17 Nov 15, the Board considered and denied a request for correction of military records submitted by the applicant, finding that the applicant had provided insufficient evidence of an error or injustice to justify relief.  The Board noted the AFBCMR Medical Advisor recommended granting relief; however, they could not overlook the applicant’s instances of medical manipulation to suit his needs.  Specifically, on at least one occasion, he declared his fitness condition fine in order to deploy, then later sought out a private physician with the goal of invalidating a previous fitness failure.  In addition, the Board found no evidence the Air Force Personnel Center received correspondence to place the applicant on medical hold pending a Medical Evaluation Board (MEB) prior to his separation.  For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit F.

On 13 Dec 16, the applicant’s counsel requested reconsideration of his request for a medical retirement in accordance with the recommendation of the AFBCMR Medical Consultant.  Counsel contends his client has been penalized because the Quality Force Review Board (QFRB) improperly overtook priority of an ongoing Medical Evaluation Board/Physical Evaluation Board (MEB/PEB) and made it to the finish line faster than the MEB/PEB.  His command failed to intervene properly in his medical care and the applicant was denied a medical retirement.  

Furthermore, the inconsistency in medical providers over the course of the applicant’s career led to inconsistent opinions and treatments.  The applicant had five shoulder surgeries between 2003 and 2011 requiring countless permanent profiles prohibiting him from one or more aspects for the fitness test.  He failed several tests resulting in adverse evaluation reports and subsequent QFRB consideration.  However, his medical provider identified his medical conditions with a “code 37” indicating a MEB was required.  It is clear the MEB process was underway as early as 11 Mar 14 yet the QFRB tipped the process unnecessarily and his command dropped the ball.  

With regard to the QFRB, it is clear the Air Force had the regulatory authority to place the applicant on medical hold.  At a minimum, Eglin AFB hospital personnel should have informed AFPC/DPAMN the applicant was undergoing a MEB and placed him on medical hold as required by the governing AFI. 

The applicant has suffered a grievous administrative wrong by two commands: his health care providers and his command chain.  The AFBCMR Medical Advisor notes none of the players’ hands are clean.  It is amply discussed that the applicant appears to have manipulated the system in order to continue his career, and be able to remain medically fit and qualified for deployment and promotion – a common practice among military professionals.  However, the applicant did not do it to manipulate the system, but only to continue to serve.  He had no power to manipulate the system.  The applicant was discharged under the easiest process available and should be given an opportunity to have his medical records reviewed by the PEB or alternatively the Board should adopt the AFBCMR Medical Advisor’s recommendation of a 40 percent disability retirement.  

The applicant’s complete submission is at Exhibit G.

AIR FORCE EVALUATION:

The AFBCMR Psychology Advisor recommends denying the application based on his mental health conditions but recommends the Board review the AFBCMR Medical Advisor’s opinion again in order to provide relief.  The AFBCMR Medical Advisor provided an extensive review of the applicant’s case file on 25 Sep 15 and fully concurs with the Medical Advisor’s previous opinion to grant relief.  Although he had an unfitting medical condition, the AFBCMR Medical Advisor also addressed his mental health condition as well.  The applicant did not have any mental health conditions to include any mood disturbances in service that would constitute having an unfitting condition causing career termination.  The complete advisory is at Exhibit H.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 14 Jun 18 for comment (Exhibit I), and the applicant’s counsel replied on 9 Jul 18.  In his response, counsel agrees with the AFBCMR Psychology Advisor’s opinion that his client needs to be medically retired.  The applicant’s complete response, with attachment, is at Exhibit J.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/JA limited their review to determine whether the applicant’s pending Integrated Disability Evaluation System (IDES) case precluded his discharge under the FY 14 QFRB and found that the applicant’s pre-IDES case did not preclude his separation under the FY 14 QFRB.  The applicant was properly processed for a QFRB discharge and considered for entry into the IDES concurrently.  He was found by the appropriate authority, AFPC/DP2NP, to be ineligible for IDES processing and promptly removed from Code 37 medical hold.  Therefore, the applicant’s pending IDES case did not preclude his QFRB discharge processing, nor did it preclude the actual execution of said QFRB discharge action.  The complete advisory is at Exhibit K.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Jul 18 for comment (Exhibit L), and the applicant’s counsel replied on 24 Jul 18.  In his response, counsel requested the information reviewed by AFPC/JA be provided for their review and comment.  The applicant’s complete response, with attachment, is at Exhibit M.  

On 26 Jul 18 and on 22 Aug 18, the AFBCMR staff sent a copy of the materials reviewed by AFPC/JA for comment (Exhibits N and O) and the applicant’s counsel replied on 27 Aug 18.  In his response, there is no indication the applicant was informed of any decision that appear to be those of the Air Force Personnel Center (AFPC).  He is a victim of bureaucracy and the lack of communication by his local medical providers, command, and AFPC offices.  

THE BOARD CONCLUDES THAT:

After reviewing all Exhibits, it is the Board’s opinion that based on the evidence presented the applicant is the victim of an error or injustice.  After a thorough review of the previous Board action, the Board concurs with the rationale and recommendation of the AFBCMR Medical Advisor’s opinion and the Psychology Advisor.  The Board notes AFPC/JA states the applicant was properly processed for a QFRB discharge, was considered for entry into the IDES concurrently, and found by the appropriate authority to be ineligible for IDES processing.  However, the Board believes the applicant shoulder ailments clearly rendered the applicant unfit for continued service and his MEB processing was inappropriately halted to allow his QFRB release.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

a.  On 18 August 2014, he was found unfit to perform the duties of his office, rank, grade, or rating by reason of physical disability, incurred while he was entitled to receive basic pay; the diagnosis in his case was left and right shoulder degenerative joint disease (DJD), status post surgery (also claimed as collarbone arthritis), that his conditions were under VASRD code 5003-5201; with a disability rating of 20 percent for each shoulder for a combined rating of 40 percent; the degree of impairment was permanent; the disability was not due to intentional misconduct or willful neglect; the disability was not incurred during a period of unauthorized absence; and the disability was not as a direct result of armed conflict or caused by an instrumentality of war and was not combat-related.  

b.  On 18 August 2014, he was discharged from active duty and on 19 August 2014, he was permanently retired with a compensable percentage for physical disability of 40 percent.  

c.  His election of the Survivor Benefit Plan option will be corrected in accordance with his expressed preferences and/or as otherwise provided for by law or the Code of Federal Regulations.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2015-00247 in Executive Session on 10 Oct 18:

Panel Chair 
Panel Member
Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit F:	Record of Proceedings, w/ Exhibits A-E, dated 17 Nov 15.
Exhibit G:	Application, DD Form 149, w/atchs, dated 13 Dec 16.
Exhibit H:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 22 May 18. 
Exhibit I:	Notification of Advisory, SAF/MRBC to applicant, dated 14 Jun 18.
Exhibit J:	Applicant’s response, dated 8 Jul 18.
Exhibit K:	Advisory opinion, AFPC/JA, dated 17 Jul 18.
Exhibit L:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Jul 18.
Exhibit M: Applicant’s response, dated 24 Jul 18.
Exhibit N:	Notification of Advisory, SAF/MRBC to applicant, w/atchs, dated 26 Jul 18.
Exhibit O:	Notification of Advisory, SAF/MRBC to applicant, w/atchs, dated 22 Aug 18.
Exhibit P:	Applicant’s response, dated 27 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.