RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-05088

   	COUNSEL:  NONE

	HEARING:  YES

APPLICANT’S REQUEST.  His retirement Special Order (SO) ACD-02089, dated 14 May 13, be corrected to read “Yes” under the following statement: “Disability Received In Line Of Duty As A Direct Result Of Armed Conflict Or Caused By An Instrumentality Of War And Incurred In Line Of Duty During A Period Of War,” as written on his retirement order.

APPLICANT’S CONTENTION.  His unfitting condition should be consider “Combat Related” because his “injury happened while in country in Iraq while moving equipment”.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant is disability-retired from the Air National Guard.  

On 15 Aug 12, an Informal Physical Evaluation Board (IPEB) determined he was unfit for further military service due to his lumbar disc disease.  The Board determined his injuries were in-the-line-of-duty (ILOD), and was incurred in a combat zone.  

On 10 Nov 12, under the Integrated Disability Evaluation System (IDES), the Department of Veterans Affairs (DVA) rated the applicant with a combined 40 percent disability.  

On 28 Jun 13, the applicant was permanently disability retired with a 40 percent combined disability rating.  His injuries were determined to be aggravated in a combat zone, but not combat related.   

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 denying the application.  The fact a member may have incurred an injury 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 determination.  There must be a definite, documented, causal relationship between the armed conflict event/incident and the resulting disability.  The service member himself, along with the medical documentation indicates the injury was a result of moving a footlocker, hence, the condition would be determined as incurred in a combat zone, not combat related.  As a result, the member’s retirement order is correct.  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 3 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 the claimant is not the victim of an error or injustice.  The Board concurs with AFPC Disability Office and finds a preponderance of the evidence does not substantiate the claimant’s contentions.

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 APPLICANT be informed the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; 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 AFBCMR Docket Number BC-2016-05088 in Executive Session on 11 Apr 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 2 Dec 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DPFDD, dated 13 Sep 17.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 3 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.