RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00910 

   						COUNSEL:  NONE 

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her retirement order, Special Order ACD-01235, dated 11 Feb 16, be amended to read “Yes” for the following statements: “Disability was received in the line of duty as a direct result of armed conflict or caused by the Instrumentality of War and incurred in the line of duty during a period of war” and “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 (NDAA08, SEC 1646). 

APPLICANT CONTENDS THAT:

During a deployment exercise she injured her back lifting a 270 pound generator, and her AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, block 10D indicates “Yes”; “Disability was incurred in Line of Duty in time of war or national emergency after 14 Sep 1978.”  Secondly, while she was assigned to Dover AFB she cleared over 450 human remains and personal effects for seven years through the AF Mortuary Affairs Operation Center in direct support of Operation ENDURING FREEDOM/Operation IRAQI FREEDOM (OEF/OIF), causing her Post-Traumatic Stress Disorder (PTSD).  

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

STATEMENT OF FACTS:

The applicant served in the Air Force Reserve in the grade of master sergeant during the period of time of the matter under review. 

During a Dec 11 Operational Readiness Inspection (ORI), the applicant injured her back lifting a diesel generator.  

On 28 Jan 14, the applicant met an Formal Physical Evaluation Board (FPEB) for low back pain, which found her unfit for duty and recommended Discharge With Severance Pay (DWSP) with a combined compensable disability rating of 10 percent.  The applicant non-concurred with the results of the FPEB, contending her PTSD was a service-connected unfit condition that was in-the-line-of-duty (ILOD). 

On 24 Jan 16, SAFPC recommended the applicant be placed on the Temporary Disability Retired List (TDRL) with a disability rating of 70 percent for PTSD and 10 percent for Low Back Pain, with no indication either condition was combat-related (CR).  

Under Special Order ACD-01235, dated 11 Feb 16, the applicant was placed on the Temporary Disability Retired List (TDRL), effective 29 May 16, with a 70 percent disability rating, after serving 16 years, 09 months, and 09 days of active service.   

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D.  

AIR FORCE EVALUATIONS:

The AFPC Disability recommends denial, indicating there is no evidence of an error or an injustice.  The “Yes” in block 10D of the AF Form 356 refers directly to whether or not an injury is in the LOD only, and the two statements she cited from the retirement order refer to whether an injury was incurred in a combat related zone and/or is combat related.  Neither would apply in her case.  The fact this applicant incurred/sustained her disabilities performing normal duties while participating in a deployment exercise and/or in support of OEF/OIF Operation is not sufficient to support a combat-related determination without a direct relationship between the disability and a combat-related factor.  AFPC Disability Office found no evidence to show the applicant’s PTSD or back condition were a result of a direct combat related factor/event.  Since the medical conditions are not deemed combat related, her retirement order is correctly marked.      

A complete copy of the AFPC Disability evaluation is at Exhibit C.

The AFBCMR Psychiatric Advisor recommends denial, indicating there is no evidence of an error or an injustice.  For the applicant to have a “Yes” on block 10 of the AF Form 356, her injury has to be ILOD as a direct result of armed conflict or be caused by the Instrumentality of War and be incurred during a time of war or in a combat zone and or be combat related.  The applicant’s injuries occurred while she was on home soil performing her normal duties.  Her participation in a deployment exercise and/or in support of OEF/OIF Operations would not be sufficient because there is no direct relationship to a combat related factor.  

The Psychiatric Advisor finds insufficient evidence to warrant the desired change.

A complete copy of the AFBCMR Psychiatric Advisor evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the applicant on 22 Jan 18 for review and comment within 30 days (Exhibit E).  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 opinions and recommendations of the Air Force OPRs and adopt their 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-2016-00910 in Executive Session on 12 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00910 was considered:

	Exhibit A.  DD Form 149, dated 2 Mar 16, w/atch(s).
	Exhibit B.  Master Personnel Records [Excerpts].
	Exhibit C.  Memorandum, AFPC Disability, dated 20 Jun 16.
Exhibit D.  Memorandum, AFBCMR Psychiatric Advisor, dated 10 Jan 18, w/atch(s).
	Exhibit E.  Letter, AFBCMR, dated 22 Jan 18. 

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, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.