RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01183 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

1. Her DD Form 214, Certificate of Release or Discharge from 
Active Duty, issued in conjunction with her 27 May 2009 
retirement from active duty be changed to reflect in Item 4a. Grade, Rate, or Rank as “Major” rather than “Captain;” and Item 
4b. Pay Grade as “04” rather than “03.” 

 

2. Her disabilities were the direct result of a combat event or 
events or performance of duty simulating war or caused by 
hazardous service or an instrumentality of war. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

Her injury to the neck was caused by her Interceptor Body Armor 
(IBA), incurred while engaged in hazardous service and/or was a 
direct result of combat. 

 

While performing her duties as a terrorist prosecutor in Iraq, 
she came under mortar fire directed by enemy forces. Fragments 
of the mortar directly impacted members of her personal security 
detail. She heard and saw the explosion which was in her 
immediate proximity. Her next recollection was lying behind a 
wall near the blast sight while other members were arranging her 
body armor. It was during this adjustment/jostling/evacuation 
that she incurred the injury to her neck. 

 

In support of her appeal, the applicant provides a continuation 
statement; a copy of her DD Form 214, Certificate of Release or 
Discharge from Active Duty, issued in conjunction with her 
27 May 09 separation; her Medical Evaluation Board 
Evaluation/Physical Evaluation Board (MEB/PEB) findings, and 
other supporting documentation. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 


The applicant was commissioned as an officer and entered active 
duty on 1 Oct 02. She was progressively promoted to the grade 
of captain with an effective date and date of rank (DOR) of 
1 Apr 03. 

 

She was selected for promotion by the Calendar Year 2008C 
(CY08C) Major Line of the Air Force – Judge Advocate General 
(LAF-J) Central Selection Board (CSB) which convened on 
2 Dec 08. She received a line number of 20 and would have been 
eligible to pin on major effective 1 Oct 09. 

 

An MEB was held in conjunction with the applicant’s diagnosis of 
chronic upper/mid/lower back pain, on 22 Aug 08, and recommended 
her case be reviewed by an Informal PEB (IPEB). The IPEB 
recommended discharge with severance pay with a disability 
rating of 20 percent. The applicant non-concurred with the 
findings and requested a formal hearing. On 22 Jan 09, the 
Formal PEB (FPEB) recommended permanent retirement with a 
disability rating of 30 percent. The applicant concurred with 
the rating and on 11 Feb 09 the Secretary of the Air Force 
Personnel Council (SAFPC) found the applicant unfit and directed 
she be permanently retired. 

 

The applicant was relieved from active duty, effective 
27 May 09, in the grade of captain. On 28 May 09, she was 
permanently retired for disability, with a compensable 
disability rating of 30 percent, in the grade of major. She was 
credited with 6 years, 7 months, and 27 days of active service 
for retirement. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial, stating, in part, a preponderance 
of evidence reflects no error or injustice occurred during the 
disability process or at the time of retirement. 

 

DPSD reviewed the narrative summary regarding the applicant’s 
medical condition of chronic neck and upper back pain, with 
bulging of C4-6 disc and chronic low back pain, with mild 
degenerative disc disease of L2-S1. The FPEB noted: “with 
regard to Capt Downey’s contention to find her neck and back 
conditions are combat related, the Board understands the 
member’s conditions were exacerbated by daily wear of IBA and 
work conditions while deployed to Iraq. The Board notes a 
letter from M C (Exhibit L) who served concurrently with the 
member in Iraq. He states “…following our arrival in Iraq and 
the daily wear of IBA, I recall C D having problems with her 
back. She began seeing the doctor concerning her problems and 
was prescribed medications to help alleviate the pain. It was 
obvious the pain was limiting her ability to function, but she 
continued to perform her duties….” The FPEB further noted, 
based on a letter from C R stating: “…C D emailed our office 


assuring us that she was not directly injured by the attack but 
that she was experiencing back and neck pain as a result of 
wrenching her neck during the attack. C D did not require or 
seek immediate medical attention, and subsequent clinic notes 
from her home station, reflect her pain was from the daily wear 
of IBA while deployed.” The FPEB found no evidence the 
worsening of her conditions were the direct result of the mortar 
attack, and therefore determined that he conditions were not 
caused by an instrumentality of war, not a direct result of 
armed conflict, nor combat related. The applicant concurred 
with the recommendation of the FPEB. 

 

The applicant’s DD Form 214 correctly reflects the applicant’s 
rank and grade as captain which was the active duty grade she 
was wearing on the date of separation (DOS). Based on SAFPC’s 
finding that the applicant be permanently retired, she was 
ineligible for promotion in that particular cycle and thus she 
could not pin on the higher grade. She was retired in the 
projected higher grade of major, within the meaning of Title 
10 USC 1372 as amended by the Fiscal Year 1997 (FY97) National 
Defense Authorization Act (NDAA). 

 

The complete AFPC/DPSD evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 25 Jun 10 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. In addition, we 
note the applicant’s DD Form 214 reflects her highest grade held 
on her last day of active duty and the retirement order 
appropriately reflects her grade at retirement. Further, based 
on the evidence submitted in the applicant’s behalf, including 
her own statements, her back and neck pain were not the direct 


result of enemy action or aggravated by a combat related 
incident. Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2010-01183 in Executive Session on 14 December 2010, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 18 Mar 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 4 May 10. 

 Exhibit D. Letter, SAF/MRBR, dated 25 Jun 10. 

 

 

 

 

 Panel Chair