RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01511

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING: YES

APPLICANT REQUESTS THAT:

The following four conditions be added to his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 17 Aug 17:

	(a) Left lower extremity radiculopathy with residual left foot drop evaluation of internal popliteal and sciatic nerves (20 percent). (ADMINISTRATIVELY CORRECTED).

	(b) Right lower extremity lumbar radiculopathy evaluation of internal popliteal and sciatic nerves (20 percent).

	(c) Left lower extremity radiculopathy with residual left foot drop evaluation of femoral nerve (10 percent). (ADMINISTRATIVELY CORRECTED).  

	(d) Right lower extremity lumbar radiculopathy evaluation of femoral nerve (10 Percent).   

APPLICANT CONTENDS THAT:

The Integrated Disability Evaluation System (IDES) did not appropriately evaluate his left and right lower extremity radiculopathy.  The Department of Veterans Affairs (DVA) discovered the errors and reported it to him on 26 Mar 18.  In addition to back and neck pain, these conditions were reasons he was found unfit for duty.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force lieutenant colonel.  

AF Form 356 dated 17 Aug 17, shows the informal physical evaluation board (IPEB) recommended the applicant be retired for disability with a compensable rating of 50 percent for unfitting conditions of back and neck pain.  

AF Form 1180, Action on Physical Evaluation Board Findings and Recommended Disposition, dated 18 Aug 17, shows the applicant concurred with the recommendations of the IPEB and waived his right to a formal PEB.

Per Special Order ACD-03630 dated 30 Aug 17, the applicant was permanently retired for disability in the grade of lieutenant colonel with a compensable disability rating of 50 percent.

The applicant provides a DVA disability rating decision dated 26 Mar 18, which reflects his combined compensable rating for service connected disability is 100 percent.  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 agrees his left lower extremity is unfitting.  However, the PEB found no evidence the right lower extremity unfitting at the time of his medical evaluation board (MEB) was processed.

Under 10 U.S.C., 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 a person may have other medical conditions does not mean the conditions are necessarily unfitting for continued military service.  To be unfitting, the condition must be such that it alone precludes a member from fulling their military duties.  

The applicant’s record was corrected for unfitting condition of lower extremity.  AF Form 356 and Special Order ACD-02755, both dated 29 May 18, which shows the applicant’s combined disability rating as 70 percent were provided to the Defense Finance and Accounting Service (DFAS).  The complete advisory, with attachments, 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 20 Aug 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 error or injustice given the administrative correction of his records by AFPC/DPFDD, which increased his compensable disability rating from 50 to 70 percent.  While the applicant requests both his left and right lower extremities be found unfitting, the applicant has not sustained his burden of proof that his right lower extremity was unfitting at the time his MEB was conducted.  In this respect, the Board notes under Title 38, the DVA is authorized to compensate members for any service-connected disabilities while under Title 10, Military Departments must determine if a specific condition is unfitting for continued military service.  In view of the above, 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, aside from the administrative correction, the Board recommends against correcting the applicant’s records.

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 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.

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-2018-01511 in Executive Session on 2 Oct 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted not to correct the record.  The panel considered the following in Docket Number BC-2018-01511:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Apr 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, w/atchs, dated 30 May 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 20 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.