RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-00794

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He receive a military retirement.

APPLICANT CONTENDS THAT:

The AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, states his medical conditions have stabilized, but they have not.  He still takes medication daily for headaches that make it hard for him to function.  The AF Form 356 also states he is physically active, participating in cycling, golf, and soccer, without apparent impairment.  He listed those activities as hobbies, which he enjoys watching, but does not participate in these activities.

He is unable to work due to his medical conditions and unable to play with his children.  His marriage is failing due to his medical conditions and he suffers from depression.

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

STATEMENT OF FACTS:

On 6 Dec 00, the applicant initially entered the Regular Air Force.

On 13 May 13, the applicant’s medical records were presented to a Medical Evaluation Board.

On 9 Jul 13, Department of Veterans Affairs (DVA) provided the applicant with a VA Rating Decision of 20 percent for service-connected disabilities.

On 17 Jul 13, the applicant’s medical records were presented to a Physical Evaluation Board (PEB).  The PEB recommended discharge with severance pay, with a compensable percentage for disability of zero percent.

On 22 Jul 13, the applicant disagreed with the PEB’s findings and requested a formal hearing.

On 16 Aug 13, the applicant appeared at a Formal Physical Evaluation Board (FPEB) hearing to address the findings of the PEB.  The FPEB upheld the findings and recommendations of the previous board.

On 19 Aug 13, the applicant agreed with the findings and recommendations of the FPEB but requested a one-time reconsideration under the Integrated Disability Evaluation System (IDES).

On 25 Oct 13, the FPEB findings were revised in accordance with the DVA’s one-time reconsideration, and proposed rating decision of 100 percent.  The FPEB recommended temporary retirement with a 100 percent disability rating.

On 28 Jan 14, the applicant was furnished an Honorable discharge and credited with 13 years, 1 month, and 23 days active service.

On 29 Jan 14, the applicant was placed on the Temporary Disability Retirement List (TDRL), in the grade of E-5 with compensable percentage for physical disability of 100 percent.

On 2 Apr 15, the PEB reviewed the applicant’s case and recommended discharge with severance pay and a disability rating of zero percent.

On 9 Jul 15, the applicant was notified of the PEB’s updated findings and recommendations and provided the opportunity to review and comment.

On 21 Dec 15, the applicant was removed from the TDRL and discharged in the grade of E-5 by reason of physical disability with entitlement to disability severance 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/Disability recommends denial, indicating there is no evidence of error or injustice.

After placement on the TDRL, the applicant was contacted to complete a periodic examination.  He requested his examination be performed by his personal physician.  The applicant submitted his current medical documentation to the TDRL office.  The TDRL office forwarded all documents to the Informal Physical Evaluation Board (IPEB).  The resulting AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, determined the member to be discharged with severance pay at zero percent disability.  The finding was mailed to the applicant requesting an election (concur or non-concur with the IPEB recommended disposition) with a suspense date of 3 Aug 15.  As of 1 Dec 15, no response was received from the applicant; therefore, the TDRL office finalized his case, removing him from the TDRL effective 21 Dec 15 with entitlement to severance pay.

The Veterans Administration Schedule for Rating Disability (VASRD) was applied to determine his level of disability.  The percentage determines the final disposition.  In the applicant’s case, the degree of disability was such that he did not reach the criteria for being retained on the TDRL or permanently retired.

A complete copy of the AFPC/Disability 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 24 Feb 17 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 the applicant has not been the victim of an error or injustice.  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-2016-00794 in Executive Session on 11 Jul 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00794 was considered:

	Exhibit A.  DD Form 149, dated 3 Jan 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/Disability, dated 6 May 16.
	Exhibit D.  Letter, AFBCMR, dated 24 Feb 17, w/atch.
	Exhibit E.  Email, AFBCMR, dated 31 May 17. 
	Exhibit F.  Email, Applicant’s Response, dated 1 Jun 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations, regarding AFBCMR Docket Number BC-2016-00794, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.