RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02978

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Her additional medical conditions be included as unfitting in her Physical Evaluation Board (PEB) and her disability overall rating percentage be corrected to 30%.

APPLICANT CONTENDS THAT:

The PEB did not rate her sacroiliac pain or dysfunction, despite the fact it was listed in her Medical Evaluation Board (MEB) physical.   Additionally, her board findings were compromised due to her board was held on the day that bombing began in Iraq during the first Gulf War and she was told on numerous occasions, “We have Desert Storm patients to take care of.”  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force senior airman.

On 26 Oct 90, according to the AFPC/DPFDD documentation, the applicant was diagnosed by the medical board with chronic lower back pain with radiation to right leg with recommendation for reevaluation.

On 29 Oct 90, according to AFPC/DPFDD documentation, the applicant was re-evaluated and noted, “one significant finding on any of our examinations was tenderness over her SI joint on the right side,” and was presented to the medical board.

On an unknown date, according to AFPC/DPFFD, the applicant was found unfit by the PEB for “Chronic lower back with radiation to R leg” and opines it encompassed the sacroiliac pain and/or dysfunction.

On 6 Mar 91, according to AFPC/DPFDD, the Department of Veterans Affairs (DVA) rated the applicant 10% disability for “Lumbosacral muscle strain.”

On 11 Mar 91, the applicant was medically discharged. 

On 8 Mar 17, according to AFPC/DPFDD documentation, the DVA increased the applicant’s disability rating from 10% to 60% for “Degenerative arthritis of the spine…(previously rated as lumbosacral muscle strain), right lower extremity sciatic nerve radiculopathy…(previously rated as lumbosacral muscle strain), and left lower extremity sciatic nerve radiculopathy…(previously rated as lumbosacral muscle strain).”

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 denying the application. There is no evidence to indicate an error or injustice occurred at the time the PEB processed the applicant’s disability case. The Air Force and the Department of Veteran’s Affairs (DVA) disability systems operate under separate laws.  Under the Air Force system (Title 10, United States Code), Physical Evaluation Boards must determine whether an airman’s medical condition(s) renders them unfit for duty and apply the rating best associated with the level of disability at the time of disability processing (a snapshot in time). That rating determines the final disposition and is not subject to change after the service member has separated.  An increase or decrease in rating by the DVA 20 years after separation from the service does not warrant a change in the total compensable rating awarded at the time of the member’s separation.  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 14 May 18 for comment (Exhibit D), but has received no response.

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 not the victim of an injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-02978 in Executive Session on 11 Jul 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 10 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 14 May 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 for BC-2017-02978.