RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02827

  			               COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His retirement order be amended to reflect “YES” with respect to disability being received in line of duty, which is the same as his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, Section 10, Items A, C and D.

APPLICANT CONTENDS THAT:

An error was made to his retirement orders.  In this respect, his AF Form 356 shows “YES,” whereas his retirement orders reflects “NO.”  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered active duty in the Regular Air Force on 10 January 1996.

On 19 November 2013, the applicant met an Informal Physical Evaluation Board (IPEB) and was found unfit for duty.  The IPEB recommended the applicant be permanently retired with a 60 percent disability rating for Degenerative Disc Disease and Radiculopathy Right Lower Extremity with Motor and Sensory Deficit.  The applicant concurred with the IPEB’s findings.

AF Form 356 reflects:

A. MEMBER IS UNFIT BECAUSE OF PHYSICAL DISABILITY:  YES

C. CONDITION IS PERMANENT/STABLE:  YES

D. DISABILITY WAS INCURRED IN LINE OF DUTY IN TIME OF WAR OR NATIONAL EMERGENCY OR AFTER 14 SEP 1978:   YES

E. DISABILITY WAS INCURRED IN A COMBAT ZONE OR INCURRED DURING THE PERFORMANCE OF DUTY COMBAT-RELATED OPERATIONS AS DESIGNATED BY THE SECRETARY OF DEFENSE (NDAA 2008, SEC 1636):  NO

Special Order No. ACD-00470, dated 9 December 2013, reflects:

	DISABILITY RECEIVED IN LINE OF DUTY AS A DIRECT RESULT OF ARMED CONFLICT OR CAUSED BY AN INSTRUMENTALITY OF WAR AND INCURRED IN LINE OF DUTY DURING A PERIOD OF WAR:  NO

On 28 January 2014, the applicant was relieved from active duty, and permanently retired effective 29 January 2014 with a physical disability rating of 60 percent.  The applicant was credited with 18 years and 19 days of service for basic pay.   

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 stating that the preponderance of evidence reflects that no error or injustice occurred during the disability processing.  In this regard, the applicant’s AF Form 356 states YES in items A, C, and D because the applicant was found unfit due to a physical disability, his condition is permanent/stable, and his disability was incurred after 14 September 1978.  Because the applicant’s disability was not a direct result of an armed conflict or a direct result of a combat related injury, the retirement order cannot reflect YES.

A complete copy of the AFPC/DPFDD, with attachments, 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 14 September 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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  In this regard, we believe the applicant may be under the impression that his AF Form 356, Section D, DISABILITY WAS INCURRED IN LINE OF DUTY IN TIME OF WAR OR NATIONAL EMERGENCY OR AFTER 14 SEP 1978: YES, represents the same distinction as “DISABILITY RECEIVED IN LINE OF DUTY AS A DIRECT RESULT OF ARMED CONFLICT OR CAUSED BY AN INSTRUMENTALITY OF WAR AND INCURRED IN LINE OF DUTY DURING A PERIOD OF WAR: NO,” which is reflected on his retirement order; however, as outlined by AFPC/DPFDD they signify different facts, and are not alike.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-02827 in Executive Session on 24 May 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDD, dated 17 Jul 15, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 15.