RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01219 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She receive a permanent disability retirement and/or a 100 percent disability rating rather than being discharged with 10 percent severance pay. _________________________________________________________________ APPLICANT CONTENDS THAT: She was left permanently incapacitated after her deployment to Qatar. She has been rated 100 percent disabled by the Veterans Affairs (VA) office and believes the 10 percent disability rating by the Air Force was in error. She continues to struggle with mental health issues. In support of her request, the applicant provides a personal statement, copies of her DD Form 214, Certificate of Release or Discharge from Active Duty, copies of her AF Form 348, Line of Duty Determination, a copy of her VA Disability Rating, excerpts of her medical records, a copy of her Notification of Eligibility for Retire Pay at Age 60 letter, and a copy of her special order. Her complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Air National Guard in the grade of major (0-4). According to her DD Form 214 with a separation date of 1 Feb 05, she served for over 20 years in an active and inactive status. She was discharged with severance pay; however, there are no records to show the member opted to decline a Reserve retirement at age 60. Additional relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDD recommends denial. DPSDD states that because the applicant was a member of the Air National Guard (ANG) on an AGR tour when she was discharged in 2005, the records of her evaluation by the Physical Evaluation Board (PEB) are not available in the Automated Records Management System (ARMS). The only records available for DPSDD to review are the dates shown in the Military Personnel Data System (MilPDS) and the records provided by the applicant. The applicant’s case was properly processed through the Disability Evaluation System (DES) in 2004 and the final determination by the Secretary of the Air Force Personnel Council (SAFPC) concurred with the previous two board findings and recommended the applicant be discharged with severance pay with a disability rating of 10 percent for bipolar disorder. Absent a copy of the applicant’s AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, or pertinent medical documentation from 2004, DPSDD cannot fully evaluate the applicant’s claim. The DPSDD complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Sep 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 with regard to the applicant’s request to receive a permanent disability retirement and/or a 100 percent disability rating. We took careful 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 the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of having suffered either an error or injustice. Additionally, we note that records are not available for the Air Force OPR to fully evaluate the applicant’s claim. As such, we note that in the absence of evidence to the contrary, there is a presumption that governmrnt officials properly discharged their responsibilities. Therefore, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material 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 AFBCMR Docket Number BC-2011-01219 in Executive Session on 16 Nov 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Mar 11, w/atchs. Exhibit B. Letter, AFPC/DPSDD, dated 29 Aug 11. Exhibit C. Letter, SAF/MRBR, dated 9 Sep 11.