RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03810

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, block 28, be corrected to reflect Disability, Severance Pay, Combat versus Disability, Severance Pay, Non Combat.  

He be awarded the Army Combat Action Badge (Administratively corrected).

APPLICANT CONTENDS THAT:

He should be considered a Combat Veteran for a Veterans Affairs claim for service connected Post Traumatic Stress Disorder (PTSD).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 25 Jul 13, a Medical Evaluation Board (MEB) reviewed the applicant’s lower back pain problems and recommended his case be referred to an Informal Physical Evaluation Board (IPEB).

On 24 Sep 13, the Department of Veterans Affairs (DVA) rated his disability at 10 percent.

On 26 Sep 13, an IPEB found the applicant unfit for further military service due to chronic lower back pain, and recommended he be discharged with severance pay (DWSP) with a 10 percent disability rating.

On 14 Nov 13, the Formal Physical Evaluation Board (FPEB) diagnosed the applicant with an unfitting condition of Low Back Pain, Chronic; DVA rated as Right L5 Pars Interarticular Fracture and Scoliosis of the Lumbar Spine and upheld the IPEB recommendation of DSWP, accepting the DVA disability rating of 10 percent.

On 18 Nov 13, the applicant agreed with the findings and recommended disposition of the FPEB.

On 28 Jan 14, the applicant was furnished an honorable discharge with a narrative reason of Disability, Severance Pay, Non Combat (Enhanced) in the grade of captain and was credited with 10 years, 11 months and 20 days of total active service to include 1 year, 6 months and 7 days of foreign service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibit’s C and D.

AIR FORCE EVALUATION:

AFPC/DP2SSM has completed an administrative correction authorizing the Army Combat Action Badge (CAB) (Exhibit D).

AFPC/DPFDD recommends denying the remainder of the application indicating there is no evidence of an error or an injustice.  In accordance with DoDI 1332.18, 5 Aug 14, 44 Appendix 5 to Enclosure 3(Disability Evaluation System (DES) and DoD 7000.14-R Vol 7A, Chapter 44, (Financial Management Regulation), the applicant’s unfitting condition currently does not qualify as combat related or combat zone.  The fact that a member served during a period of war or in an area of armed conflict or while participating in combat operations is not sufficient by itself to support a combat-related/combat zone determination.  There must be a definite, documented, casual relationship between the armed conflict/combat zone and the resulting disability.  After reviewing the medical documentation, there were no identifiable combat-related events or documentation to indicate the applicant injured his back during his deployments; rather the Orthopedic narrative date 13 May 13, page 2 of 4; indicates: “intermittent lower back pain >8 years that increased in intensity and frequency after his 2010 deployment.”  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 30 Aug 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03810 in Executive Session on 03 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 7 Sep 17.
Exhibit D:	Advisory opinion, AFPC/DP2SSM, w/atchs, dated 11 Jul 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 30 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.