RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04818 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Special Order ACD-02420, dated 18 June 2014, be changed to reflect that his disability was a direct result of a combat- related injury. APPLICANT CONTENDS THAT: He suffered epileptic seizures while flying a secret combat mission; therefore, his condition should be deemed combat- related. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant entered the Regular Air Force on 15 September 2011. According to Special Order ACD-02420, dated 18 June 2014, the applicant was relieved from active duty effective 22 August 2014, and permanently disability retired in the grade of first lieutenant (O-2) with a compensable 40 percent physical disability rating. He was credited with 2 years, 11 months, and 7 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFD recommends denial indicating there is no evidence of an error or an injustice. On 6 June 2014, the Informal Physical Evaluation Board (IPEB) reviewed the applicant's Medical Evaluation Board (MEB) and recommended permanent retirement with a 40 percent disability rating for the diagnosis of nocturnal epilepsy, claimed as seizure disorder. The AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board (PEB), dated 6 June 2014, states in Block 9F that his condition was not determined to be combat-related. Additionally, Block 10E, “Disability was incurred in a combat zone or incurred during the performance of duty in combat- related operations as designated by the Secretary of Defense (NDAA 2008, Sec 1646),” is annotated as “No.” On 13 June 2014, after having been provided a copy of the AF Form 356 and briefed on the IPEB recommendation, the applicant concurred with the recommendation for permanent retirement. On 18 June 2014, Special Order ACD-02420 was issued placing him on permanent disability retirement effective 22 August 2014. It should be noted the applicant did not exercise his right to appeal the combat related designation. In accordance with AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, Chapter 3, Section 3.26, in order to receive a combat-related designation, there must be a direct causal relationship between the instrumentality of war/hazardous duty and the disability. Further, Section 3.27.21, states: “Combat Related-The IPEB will make a combat-related disability determination for: Armed Conflict, Extra Hazardous Service, Conditions Simulating War and Instrumentality of War.” There was no medical documentation provided that directly linked the applicant's seizures to the aircraft or to his combat mission. A complete copy of the AFPC/DPFD evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 10 February 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 an 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 OPR and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-04818 in Executive Session on 1 September 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 November 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFD, dated 22 December 2014. Exhibit D. Letter, SAF/MRBR, dated 10 February 2015.