RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01902

	COUNSEL: 

	HEARING: YES

APPLICANT REQUESTS THAT:

He is requesting that his disability with severance pay discharge be upgraded to a medical retirement. He states his fibromyalgia and his thoracic outlet syndrome should have been rated as unfitting with appropriate disability rating percentages on his AF Form 356 dated 23 Jul 04.

APPLICANT CONTENDS THAT:

His unfitting conditions were not appropriately considered and/or rated during the disability evaluation process. Veteran’s Administration Schedule for Rating Disabilities (VASRD) was erroneously applied.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a medically separated Air Force staff sergeant.  

On 14 Aug 01, a medical board report references history of thoracic outlet syndrome with a note that states continuation of observation and care.

On 23 Jun 04, the Medical Evaluation Board (MEB) Narrative Summary (NARSUM) report shows the applicant reports his pain as worsening of chronic pain associated with fibromyalgia and thoracic outlet obstruction; despite medication and bilateral rib resection.

On 23 Jul 04, the Informal Physical Evaluation Board (IPEB) rated chronic pain syndrome/myofascial pain as a category I with a compensable percentage rate of 10 percent and a discharge with severance pay.  No mention of the thoracic outlet obstruction.

On 19 Oct 04, the applicant was discharged for disability with severance pay.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPFDD recommends granting the application.  Upon reviewing the applicant’s file, it has been determined that an error was made in the IPEB findings. IAW DoDI 1332.18 and the VASRD guideline; the PEB determined the applicant should have been found unfit for Fibromyalgia (5025) 40%, Left Upper Extremity Thoracic Outlet Syndrome (8513) 20% and Right Upper Extremity Thoracic Outlet Syndrome (8513) 20% with a Bilateral Factor applied to 8513; and a recommendation of Permanent Retirement (PR) with a combined compensable disability rating of 60%.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 29 Nov 17 for comment (Exhibit D), and the applicant replied on 15 Dec 17.  In his response, the applicant contends that he received and reviewed the advisory opinion and based on the review, he concurs with the OPR recommendation which would grant him Permanent Retirement with a combined compensable disability rating of 60 percent.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

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 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:

	a.  On 23 Jul 04, 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 for Fibromyalgia, under VASRD code 5025, 40%, Left Upper Extremity Thoracic Outlet Syndrome, under VASRD code 8513, 20%; and Right Upper Thoracic Outlet Syndrome, under VASRD code 8513, 20% with a bilateral Factor applied to 8513; with a combined compensable disability rating of 60 percent; the degree of impairment was permanent; the disability was not due to intentional misconduct or willful neglect; the disability was incurred in the line of duty; 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 19 Oct 04, he was discharged from active duty and on 20 Oct 04, he was permanently retired with a compensable percentage for physical disability of 60 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-2017-01902 in Executive Session on 11 Apr 18:

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Dec 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 21 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 29 Nov 17.
Exhibit E:	Applicant’s response, dated 15 Dec 17.

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