RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER: BC-2016-03139 

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he served 20 years of active service.

APPLICANT CONTENDS THAT:

He was medically retired with being 2 months and 11 days short of having 20 years of service.  During his disability processing he was told he would retire with over 20 years of service and receive Concurrent Retirement and Disability Pay (CRDP).  

Prior to his retirement he was told he exceeded the points and years for retirement.  It was actually pointed out to him that his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, reflected he had over 22 years of service under 10 USC 1208.  If he had been properly informed that he needed 20 years of service for CRDP he would have appealed and gotten his commander’s permission to serve the 2 months and 11 days of service to reach 20 years of active.

He has served his country in several capacities, to include the Marine Corps, Federal Air Technician, Air Guardsman, for over 35 years.  He is not eligible for CRDP because he retired with less than 20 years of active service.

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

STATEMENT OF FACTS:

Service members with 20 years or more of active service are eligible for Concurrent Retirement and Disability Pay (CRDP).

The applicant has prior service with the Navy and Marine Corps.

The applicant initially entered military training on 18 Jul 80.  He commenced his enlistment with the Air National Guard (ANG) on 1 Mar 01.  He was permanently disability retired on 28 Apr 16 and was credited with 20 years, 9 months and 20 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, which is attached at Exhibit C. 

AIR FORCE EVALUATION:

AFPC/DPFDD recommends denial indicating there is no evidence of an error or an injustice.  There is no evidence of an error or injustice occurring in the applicant’s disability processing.

The applicant underwent disability processing and was referred to the Informal Physical Evaluation board (IPEB).  The IPEB found the applicant unfit and recommended permanent retirement with a 70 percent compensable disability rating.  The applicant concurred with the findings and recommendation of the IPEB and was retired on 18 Apr 16.  He was credited with 19 Years, 9 months and 20 days of active service and a total of 22.49 (8098 points) for service per 10 U.S.C. 12733.

While the applicant contends he was not properly briefed on the findings of his medical board which resulted in him not qualifying for CRDP, AFPC/DPFDD notes both the briefing of PEB findings and the qualification of eligibility for pay benefits are outside of their purview and defer these matters to the appropriate office - the Medical Treatment Facility and the Department of Finance and Accounting Services (DFAS) for their recommendation.

The applicant noted his AF Form 356, Item 7 reflected over 20 years of service.  The applicant’s total points for retirement was divided by 360 resulting in him having 22.06 years of 10 USC 1208 Service at the time of the completion of the AF Form 356.  A service member would not be retained by the Physical Evaluation Board (PEB) based on future retirement benefits eligibility.

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 24 Aug 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  The applicant contends he was not properly counseled regarding his years of service to qualify for CRDP during the disability process.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice.  While we note the comments of AFPC/DPFDD indicating that relief should be denied because the applicant’s records contain no documentation substantiating the applicant’s contention that he was miscounseled during the disability processing, we believe a preponderance of the evidence substantiates that corrective action is warranted as the applicant decided to not appeal the IPEB recommendation based on miscounseling.  Furthermore, in this respect, we note the applicant’s commander’s recommendation to allow the applicant to remain on active duty to reach the required time for retirement.  Therefore, we recommend the applicant’s records be corrected as indicated below.

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 pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was not released on 27 April 2016, but continued to serve until 7 July 2016, and effective 8 July 2016, he was permanently disability retired.

The following members of the Board considered AFBCMR Docket Number BC-2016-03139 in Executive Session on 26 Sep 17, under the provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03139 was considered:

	Exhibit A.  DD Form 149, dated 2 Aug 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDD, dated 21 Oct 16.
	Exhibit D.  Letter, AFBCMR, dated 24 Aug 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 in the above entitled matter.