RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01223

XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Correct his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, as follows:

1.	Cluster headaches rated at 50% disabling
2.	Horner’s syndrome, mild, be considered a secondary condition
3.	He be medically retired rather than discharged with severance pay (DWSP)

APPLICANT’S CONTENTIONS

A grammatical error by the Physical Evaluation Board (PEB) combined his cluster headaches and Horner’s syndrome, mild, which mischaracterized the severity of his cluster headaches and reduced the rating decision resulting in DWSP rather than a medical retirement.  The Department of Veterans Affairs (DVA) denied his disability claim based specifically on an erroneous or typographic error made by the PEB.  Based on frequency and severity he meets medical retirement standards established in the Veteran Affairs Schedule for Rating Disabilities diagnostic code 8199-8100.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force staff sergeant (E-5).

On 17 May 93, according to AF Form 618, Medical Board Report, the applicant was diagnosed with cluster headaches, date of origin of 1982 and recommended for continued military medical observation and care.

On 24 Jun 93, according to AF Form 356, the IPEB determined the applicant’s cluster headaches with Horner’s syndrome, mild, was unfitting with 30% disability rating, and recommended placement on the Temporary Disability Retirement List (TDRL).

On 12 Jul 93, according to AF Form 1180, Action on PEB Findings and Recommended Disposition, the applicant agreed with the IPEB. 

On 30 Aug 93, according to Special Order Number ACD-2150, dated 20 Jul 93, the applicant was relieved from active duty and on 1 Aug 93, he was placed on the TDRL.

On 16 Mar 95, the applicant underwent a TDRL evaluation and indicated, “For 14 months after his discharge he was headache free, but in Oct 94 he again went in his cluster period.  Sansert was prescribed by a VA physician and patient did not really appreciate any beneficial effect.  When he worked the night-shift, however, his headaches seemed to lessen in frequency and intensity.  The end of this cluster period was Feb 95.”

On 7 Apr 95, the IPEB determined the applicant’s cluster headaches with Horner’s syndrome, mild, continued to be unfitting and decreased the disability rating to 10% and recommended DWSP.	

On 6 Jun 95, the applicant non-concurred with the IPEB findings and requested a formal hearing before the Formal PEB (FPEB).

On 20 Jul 95, the FPEB agreed with the IPEB findings and recommended disposition.

On 20 Jul 95, according to AF Form 1180, the applicant agreed with the FPEB.

On 26 Aug 95, according to Special Order Number ACD-01957, dated 16 Aug 95, the applicant was removed from the TDRL and discharged by reason of physical disability and entitled to DWSP.

On 11 Jan 20, according to documentation provided by the applicant, the DVA determined no revision was warranted in the evaluation of the applicant’s cluster headaches with Horner’s syndrome.  Reasons for decision included the PEB, dated 24 Jun 93, indicating a disability rating of 30% was warranted for his cluster headaches with Horner’s syndrome, mild and the DVA examination, dated 16 Aug 95, indicated the applicant was gainfully employed and there was no evidence of very frequent, completely prostrating, and prolonged attacks productive of severe economic inadaptability.

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

APPLICABLE AUTHORITY

The military Disability Evaluation System, established to maintain a fit and vital fighting force, can by law, under Title 10, United States Code, only offer compensation for those service incurred diseases or injuries which specifically rendered a member unfit for continued service and were the cause for career termination; and, then only for the degree of impairment present at the time of separation and not based on future occurrences.  DoDI 1332.32, Physical Disability Evaluation, reads “A Service member shall be considered unfit when the evidence establishes that the member, due to physical disability, is unable to reasonably perform the duties of his or her office, grade, rank, or rating.”

AIR FORCE EVALUATION

AFPC/DPFDC recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice occurred during the processing of his medical case back in the 1993/1995 timeframe.  The fact the applicant was able to hold a job would eliminate a rating of 50%.  He clearly did not have “severe economic inadaptability.”  The IPEB/FPEB rating of 10% in 1995 was likely consistent with how they rated similar cases back then.  Based on how cases are adjudicated today, the board believes he would have been rated at 30%, not 50%.  This would seem to be consistent with the recent VA review of his case dated 11 Jan 20.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 18 Nov 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.   After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDC and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-01223 in Executive Session on 3 Dec 20:

Panel Chair
Panel Member
Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 16 Nov 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 18 Nov 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2020-01223.