RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03034

						COUNSEL:  NONE

HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His disability discharge rating be reevaluated to allow a permanent disability retirement.

APPLICANT CONTENDS THAT:

He incurred his injury while on active duty in 2006.  His primary care provider rejected surgery as an option.  He has undergone continuous treatment since leaving military service.  He cannot work without special accommodations.  He believes his medical condition should have been remedied while on active duty.  His injury has significantly impacted his career and life.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 19 Apr 79, the applicant entered the Virginia Air National Guard (ANG).  The applicant was released from active duty due to physical disqualification on 20 May 08 and transferred to the retired reserve on 22 May 08, with eligibility for retired pay except for attainment of age 60.

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 during the applicant’s disability processing. 

The applicant was referred to the Disability Evaluation System in June 2007.  The Informal Physical Evaluation Board (IPEB) reviewed the case file and determined he was unfit for continued military service because of Degenerative Arthritis of the Spine.  The IPEB recommended Discharge with Severance Pay (DWSP), with a combined compensable disability rating of 10 percent.  The applicant disagreed and requested an appearance before the Formal Physical Evaluation Board (FPEB).  The FPEB increased the rating, and recommended DWSP with a combined compensable disability rating of 20 percent.  The applicant again disagreed and requested a case review with the Secretary of the Air Force Personnel Council (SAFPC).  The SAFPC reviewed the applicant’s case and concurred with the FPEB findings of DWSP with a combined compensable disability rating of 20 percent.

The Air Force and the Department of Veteran’s Affairs (DVA) disability systems operate under separate laws.  Under the Air Force system (Title 10, United States Code [U.S.C.]), Physical Evaluation Boards must determine whether an airman’s medical condition renders him or her unfit for duty and apply the rating best associated with the level of disability at the time of disability processing (a snapshot in time).  That rating determines the final disposition (discharge with severance pay, placement on the temporary disability retired list, permanent retirement) and is not subject to change after the service member has separated.  Under the DVA system (Title 38, U.S.C), the member may be reevaluated over the years and his or her rating may be increased or decreased based on changes in the member’s medical condition.  However, an increase or decrease in rating by the DVA after separation from the service does not warrant a change in the total compensable rating awarded at the time of the member’s separation.

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 13 Sep 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 OPR and adopt its rationale as the basis for our conclusion.  Therefore, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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 relevant evidence not considered with this application.

The following members of the Board considered BC-2016-03034 in Executive Session on 13 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	, Panel Chair
	, Member
	, Member

The Board considered the following documentary evidence:

	Exhibit A.  DD Form 149, dated 13 Jun 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDD, dated 28 Aug 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 14 Sep 17.

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.