RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00898 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, block 9F, be corrected to reflect his combat related determination as defined in 26 United States Code (USC) 104, Compensation for injuries or sickness, as “S” (for duty under conditions simulating war) rather than “No” (not combat related). His AF Form 356, block 10E, be corrected to reflect “Yes” rather than “No”, that his 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 National Defense Authorization Act (NDAA 2008, Sec 1646). (Administratively Corrected). APPLICANT CONTENDS THAT: He was conducting a combat training patrol while simulating small arms fire during his deployment within an area of responsibility (AOR) of Ali Al Salem Air Base (AB), Kuwait. He jumped from the back of the patrol vehicle and landed on some rocks where he felt a sharp pain from the joint behind his big toe all the way up past his knee. He continued training and went to the medical treatment facility upon his return to Ali Al Salem, AB. He was provided medication and told to follow up with his home station at Little Rock Air Force Base, Arkansas. He was subsequently sent to an off base doctor who deemed that he had some broken bones around his big toe joint. He has received four surgeries on his foot to include a complete joint replacement during his last surgery. He was a participant in simulating war at Ali Al Salem Air Base, Kuwait, a combat zone, at the time of his injury. Due to an oversight, his injury was not documented correctly on his AF Form 356. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant’s military personnel records indicate that he enlisted in the Regular Air Force on 1 March 1999. On 3 June 2014, according to a Medical Evaluation Board (MEB) narrative summary (NARSUM), the applicant was examined on 29 May 2014 due to a history of right foot pain. He was unable to work as a security police officer due to his physical restrictions. In addition, he was unable to deploy or to complete any portion of the fitness testing other than the waist measurement. His condition was not going to improve. On 20 June 2014, an AF Form 469, Duty Limiting Condition Report, was initiated that restricted the applicant’s mobility through 20 June 2015. Specifically, he was required to undergo a MEB to determine his medical fitness for continued worldwide duty and retention. On 24 June 2014, the applicant’s commander indicated if the applicant was unable to return to duty given his medical condition, he recommended that he be medially retired. On 30 July 2014, a review of the applicant’s compensation and pension examinations (C&P) from Veteran Affairs (VA) was conducted and it was determined there were no updates to his NARSUM. On 4 August 2014, a MEB was convened to evaluate the applicant’s diagnosis of haliux arthrosis right 1st MPJ. His medical condition was not pre-existing and the approximate date of origin was 1 April 2010. The applicant reviewed the contents of the MEB and NARSUM. He did not elect an impartial review of his MEB. On 5 August 2014, an Informal Physical Evaluation Board (IPEB) was convened and determined the applicant to be unfit and the degree of impairment was permanent. However, it was determined his disability was not incurred in a combat zone or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense (SecDef). A compensable percentage was held in abeyance upon receipt of disability ratings form DVA. On 7 August 2014, the DVA was notified of the applicant’s PEB findings and a request was made for the VA to determine a disability rating percentage for the applicant, with an accompanied rationale. On 27 August 2014, an IPEB convened and recommended the applicant be discharged with a zero combined compensable percentage disability rating and entitlement to severance pay. On 17 November 2014, the applicant agreed with the findings and recommended disposition of the IPEB. He waived his right to a formal PEB hearing. According to AFPC/DPFDD, on 10 January 2015, the VA rated the applicant’s unfitting condition at 10 percent. On 13 January 2015, an IPEB convened and determined the applicant be discharged with a 10 percent combined compensable disability rating. On 12 February 2015, officials with the Office of the Secretary of the Air Force (SAF) determined the applicant was physically unfit for continued military service and directed he be discharged for physical disability with entitlement to severance pay. On 12 May 2015, an IPEB convened and determined the applicant’s disability was incurred in a combat zone or incurred during the performance of duty in combat-related operations as designated by the SecDef. On 28 May 2015, the applicant was honorably discharged, with a narrative reason for separation of “Disability, Severance Pay, Non-Combat (ENHANCED),” and was issued an SPD code of “JEB” (physical disability with severance pay) and an RE code of “2Q.” He was credited with 16 years, 2 months, and 28 days 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/DPFDD recommends denial of the applicant’s request to change his AF Form 356 to reflect his combat related determination as defined in 26 USC 104 as “S” (for duty under conditions simulating war) rather than “No” (not combat related). There was no line of duty (LOD) provided regarding the applicant’s injury. As such, his AF Form 356 should not be changed to reflect duty under conditions simulating war. The IPEB Board president determined the applicant’s unfitting condition was in fact incurred at Ali Al Salem Air Base, Kuwait, a combat zone, and an administrative correction to his AF Form 356 was accomplished. However, after a close review of the applicant’s PEB file, a LOD could not be found that mirrored the timeframe of the applicant’s injury. The “approximate date of origin” on the AF IMT 618, Medical Board Report, indicates the applicant’s condition began 1 April 2010. The earliest medical document the applicant has in his PEB file is dated 24 August 2010 and it states that he does recall a trauma injury playing football in high school and also pain when he was in Kuwait jumping out of the back of a truck. A complete copy of the AFPC/DPFDD evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 July 2015 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 office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that relief beyond that already granted administratively is not warranted. 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-2015-00898 in Executive Session on 15 October 2015 under the provisions of AFI 36-2603: Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00898 was considered: Exhibit A.  DD Form 149, dated 25 February 2015, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPFDD, dated 1 June 2015, w/atchs. Exhibit D.  Letter, SAF/MRBR, dated 7 July 2015.