RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01389 INDEX NUMBER:	145.00
xxxxxxxxxxxxxxxx	COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His record be corrected to read that his medical conditions were received in the line of duty (ILOD) as a direct result of armed conflict or caused by an instrumentality of war and incurred during a period of war.

APPLICANT CONTENDS THAT:
He believes his disability retirement was classified in error. His retirement orders state that his disability was not ILOD as a direct result of armed conflict or caused by an instrumentality of war. In Jul 03, he incurred injuries in Kuwait while downloading military cargo. While unlocking the pallets from the front of the aircraft, he was pinned between two pallets and sustained multiple injuries in which he had six LOD investigations. He believes these injuries were caused by an instrumentality of war and incurred ILOD during a period of war.

In support of his request, the applicant provides a copy of his LODs, retirement orders, special orders and an excerpt of DoDI 1332.38, Physical Disability Evaluation. The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
Records reflect that the applicant is a former Air Force Reserve noncommissioned officer who was on Presidential Partial Mobilization Orders from 6 Apr 03 to 5 Apr 04 in support of Operation Enduring Freedom.

Based on the available records, the Informal Physical Evaluation Board’s (IPEB’s) findings, dated 6 Mar 07, found the applicant unfit because of physical disability incurred ILOD while entitled to receive basic pay. Their diagnoses was bilateral knee pain, status-post arthroscopies for meniscal tears, left ulnar neuropathy, left ankle pain and subjective instability, low back pain and central stenosis C5-6 neck pain. The IPEB recommended the applicant be permanently retired with a combined compensable percentage of 50 percent.

Effective 27 May 07, the applicant was released from active duty and permanently retired in the grade of technical sergeant by reason of “physical disability with voluntary application” effective 28 May 07. He was credited with 21 years, 11 months and 29 days service for basic pay and 7 years, 6 months and 2 days of active service for retirement.

AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states that the IPEB determined that when the applicant was downloading pallets from a 747 aircraft and the loadmaster moved the pallets without checking the front of the aircraft and caused the applicant to be pinned between two pallets, was not caused by an instrumentality of war and his injury was not a direct result of armed conflict. The complete AFPC/DPSD evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant disagrees with the evaluation and states that the LODs clearly prove how his injuries were sustained and he should not be penalized for concurring with the board's recommendation. He was being rushed in order to release him from active duty. Approving his request would allow him to receive further benefits he believes he deserves for serving his country. The applicant's complete letter is at Exhibit E.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient	relevant	evidence	has	been	presented	to	
demonstrate	the	existence	of	error	or	injustice.	After	a	
thorough review of the applicant's submission and the available evidence of record, we do not believe the applicant’s request that his medical records be corrected to show his conditions were incurred as a direct result of armed conflict or caused by an instrumentality of war is warranted. Neither does the record reveal nor has the applicant provided evidence that would lead us to believe his unfitting conditions were incurred in a manner that met the statutory and regulatory criteria required for such a finding. In view of the above and absent evidence to the contrary, we agree with the assessment of the Air Force office of

primary responsibility and adopt its rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of proof that he has suffered either an error or an injustice. Therefore, we find no compelling basis to recommend granting the relief sought.

THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered Docket Number BC- 2008-01389 in Executive Session on 27 Jan 09, under the provisions of AFI 36-2603:

Chair 
Member 
Member

The following documentary evidence pertaining to Docket Number BC-2008-01389 was considered:

Exhibit A.	DD Form 149, dated 10 Apr 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSD, dated 2 May 08.
Exhibit D.	Letter, SAF/MRBR, dated 13 Jun 08. Exhibit E.	Letter, Applicant, dated 22 Jun 08.