RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04317

	COUNSEL: NONE

	HEARING: YES

APPLICANT’S REQUEST.  That she receive a medical retirement instead of her medical separation, with severance.

APPLICANT’S CONTENTION.  The Air Force rated her unclear Fibromyalgia diagnosis at 20 percent; however, the Department of Veterans Affairs rated her illness at 40 percent.  She accepted the Informal Physical Evaluation Board (PEB) findings based on her military attorney’s advice that she would not receive a higher rating at the Formal PEB. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant is a medically discharged Air Force staff sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFPC/DPFDD recommends granting the application.  In 2011, her Medical Treatment Faculty (MTF) was still operating under the legacy disability evaluation system (DES), as such the applicant was awarded disability with severance pay at 20 percent by the PEB.  If the applicant had been processed under the new Integrated DES, she would have been awarded 40 percent resulting in a Permanent Retirement effective 2 Sep 11.  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 4 Oct 17 for comment (Exhibit D), but has received no response.   

THE BOARD CONCLUDES:

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 the victim of an error and injustice.  The Board concurs with AFPC/DPFDD and finds that a preponderance of the evidence substantiates the APPLICANT’s contentions.  Therefore, the Board recommends 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.

THE BOARD RECOMMENDS: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

	a.  On 2 June 2011, she was found unfit to perform the duties of her office, rank, grade, or rating by reason of physical disability, incurred while she was entitled to receive basic pay; the diagnosis in her case was Fibromyalgia, that her condition was under VASRD code 5025; with a disability rating of 40 percent; the degree of impairment was permanent; the disability was not due to intentional misconduct or willful neglect; the disability was not incurred during a period of unauthorized absence; and the disability was not as a direct result of armed conflict or caused by an instrumentality of war; and was not combat-related.  

	b.  On 1 September 2011, she was discharged from active duty and on 2 September  2011, she was permanently retired with a compensable percentage for physical disability of 40 percent.  

	c.  Her election of the Survivor Benefit Plan option will be corrected in accordance with her expressed preferences and/or as otherwise provided for by law or the Code of Federal Regulations.

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 AFBCMR Docket Number BC-2016-04317 in Executive Session on 28 Mar 18.

Panel Chair
Panel Member
Panel Member

All members voted to correct the record as recommended.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 21 Oct 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DPFDD, dated 4 May 17, w/atch.
Exhibit D: Notification of Advisory, AFBCMR to Applicant, dated 4 Oct 17.

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