RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01038 COUNSEL: NONE HEARING DESIRED: NO _______________________________________________________________ APPLICANT REQUESTS THAT: His separation orders be rescinded to allow his return to active duty. _______________________________________________________________ APPLICANT CONTENDS THAT: He questions the validity of the Medical Evaluation Board (MEB) process that led to his separation. The MEB’s "unfit for duty" decision which subsequently led to his medical separation is unjust. He is fit for duty and should remain on active duty. In support of his request, the applicant provides a personal statement, copies of his AF Form 618, Medical Board Report; AF Forms 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, support letters, fitness record, and various other documents associated with his request. The applicant's complete submission, with attachments, is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: On 15 Aug 2012, the Informal Physical Evaluation Board (IPEB) reviewed the medical board report for diagnosis of psoriatic arthritis with left wrist, right ankle and left 2nd toe arthropathy. The IPEB recommended discharge with severance pay with a 20 percent disability rating. On 29 Aug 2012, the applicant non-concurred and requested a formal hearing with counsel. On 3 Oct 2012, the Formal PEB recommended discharge with severance pay and a 20 percent disability rating. On 19 Oct 2012, the applicant non-concurred with the findings and appealed to the Secretary of the Air Force Personnel Council (SAFPC) requesting he be returned to duty. On 10 Dec 2012, SAFPC directed he be discharged and receive severance pay with a disability rating of 20 percent. He served 10 years, 3 months, and 23 days of active duty. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFD recommends denial. DPFD states that the preponderance of evidence reflects that no error or injustice occurred during the disability process. The applicant requested a onetime reconsideration with the Department of Veterans Affairs (DVA) for reevaluation of his 20 percent rating. He did not provide any new medical documentation and the DVA decided no change to the previously assigned 20 percent rating for psoriatic arthritis with left wrist, right ankle, and left 2nd toe arthropathy was warranted. The complete DPFD evaluation is at Exhibit B. _______________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 31 Mar 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). _______________________________________________________________ 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. 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. We are not unmindful or unappreciative of his service to his Nation; however, in the absence of persuasive evidence that his medical discharge was improper or contrary to the governing instructions, we find no basis to recommend favorable consideration of his 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 BC-2013- 01038 in Executive Session on 5 Dec 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, 24 Feb 2013, w/atchs. Exhibit B. Letter, AFPC/DPFD, dated 8 Mar 2013. Exhibit C. Letter, SAF/MRBR, dated 31 Mar 2013.