RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-01714-2

   	COUNSEL:  NONE

	HEARING:  NO 

APPLICANT’S RECONSIDERATION REQUEST.  Change Item 10 C, Disability was the Direct Result of Armed Conflict or Was Caused by an Instrumentality of War and Incurred in Line of Duty During a Period of War, and Item 10 D, Disability was the Direct Result of a Combat Related Injury, on his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, from “No” to “Yes.”

APPLICANT’S CONTENTION.  His physicians have determined his Asthma and Hypofibrinogenemia (Thrombocytopenia) are Gulf War related.  The applicant’s complete submission is at Exhibit A.

RESUME OF THE CASE.  On 13 Sep 11, the Board deliberated and denied the applicant’s request to make the same change to his record.  In denying his request, the Board relied, in part, on the recommendation of AFPC/DPSD which stated the available evidence does not place him in the locations most commonly associated with such exposure.  Further, even with the benefit of years of subsequent medical research in the area of “Gulf War Illness” and related conditions, there is no obvious reason to suspect if the applicant’s medical conditions were reviewed by the Informal Physical Evaluation Board (IPEB) today it would consider his conditions to be caused by an instrumentality of war or as a direct result of armed conflict.  For an accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit F.

AIR FORCE EVALUATION.  AFPC/DPFDD recommends denying the application.  The applicant’s unfitting conditions do not qualify as combat related in accordance with DoDI 1332.18, Disability Evaluation System (DES).  The fact the applicant has physicians who concluded his conditions should be considered combat related is insufficient information for the Physical Evaluation Board (PEB) to change his AF Form 356.  The complete advisory is at Exhibit H.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 17 Nov 17 for comment (Exhibit I), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was timely filed.  

2.  The claimant 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 the applicant is not the victim of an error or injustice.  The Board concurs with AFPC/DPFDD and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  

THE BOARD RECOMMENDS:  The APPLICANT be informed the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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 AFBCMR Docket Number BC-2011-01714-2 in Executive Session on 21 Mar 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit F: Original ROP, dated 6 Oct 11, w/atchs. 
Exhibit G: Claimant’s RECON Request, DD Form 149, dated 12 Jul 16, w/atchs.
Exhibit H: Advisory opinion, AFPC/DPFDD, dated 15 Aug 17.
Exhibit I: Notification of Advisory, SAF/MRBR to claimant, dated 17 Nov 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.