RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01702

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The category type on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to allow him to re-enter the Air Force into the same Air Force Specialty Code (AFSC) and/or cross into a different AFSC

APPLICANT CONTENDS THAT:

His medical condition he was discharged for was unfitting and he was able to perform his daily duties without any issues.  He fought his case before the Air Force Medical Evaluation Board, but it was denied.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 21 Feb 12.

On 21 May 13, the applicant’s commander provided insight about his condition to the Medical Evaluation Board (MEB)/Physical Evaluation Board (PEB) based on his inability to perform primary Air Force Specialty Code (AFSC) duties that require heavy lifting, pushing, and pulling and noted the applicant could not accomplish any physical aspects of crew chief munitions operations in garrison or deployed.  As evidenced by the “Commander’s Input Letter”.

On 16 Sep 13, the applicant was found unfit by the Informal Physical Evaluation Board (IPEB) with a combined compensable disability rating of 10% for lumbago and recommended discharge with severance pay (DWSP).

On 24 Oct 13, the applicant non-concurred with the IPEB finding and appealed to the Formal Physical Evaluation Board (FPEB) with a contention that his lumbago was not correctly rated.

On 4 Dec 13, the applicant waived his right to the FPEB hearing, and requested a one-time reconsideration of his Department of Veterans Affairs (DVA) rating.

On 26 Feb 14, the DVA reconsidered the applicant’s rating and increased the combined compensable disability rating to 20%.

On 27 Jun 14, the applicant was furnished an honorable discharge with reenlistment eligibility (RE) code 2Q (personnel medically retired or discharged), separation code JEB, narrative reason for separation (disability, severance pay, non-combat (enhanced) and was credited with 2 years, 4 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/DPFDD recommends denial indicating there is no evidence of an error or an injustice.  Under Title 10, USC, Physical Evaluation Boards must determine if a member’s condition(s) renders them unfit for continued military service relating to their office, grade, rank or rating.  To be unfitting, the condition must be such that it alone precludes the member from fulfilling their military duties.

Based on the medical documentation reviewed at the time of the medical board, the IPEB’s unfit determination was founded by the following: “service member (SM) arrived at his duty station in Jul 12.  He had insidious onset of low back pain starting in Aug 12. He was treated conservatively with non-steroidal anti-inflammatory and muscle spasm medications, physical therapy, and eventually trigger point injections. MRI from Jan 13 showed partial lumbarization of the superior sacral segment and straightening of the lumbar lordotic curve as may be seen in patients with pain or muscle spasm, but otherwise unremarkable. SM is not a surgical candidate.  He is now in a chronic status managed by the pain management service and duty restrictions.  SM's duty restrictions include: no repetitive lower extremity activities, no jogging/running for greater than 100 yards, no repetitive bending at the waist, no stress/pressure to lower back, no pushing/pulling/lifting more than 20 pounds, no wear of body armor/kevlar/chem warfare suit.  The commander stated the SM's primary AFSC duties require heavy lifting, pushing, and pulling and noted the SM cannot accomplish any physical aspects of crew chief munitions operations in garrison or deployed.”  For these reasons, the applicant was found unfit.

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 3 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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 injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS 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-2016-01702 in Executive Session on 27 Jun 17 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-2016-01702 was considered:

	Exhibit A.  DD Form 149, dated 30 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDD, dated 12 Jul 16.
	Exhibit D.  Letter, AFBCMR, dated 3 Feb 17, w/atch.

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