RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00528

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  He receive a medical retirement instead of his medical separation, with severance.

APPLICANT’S CONTENTION.  The Medical Evaluation Board (MEB) decision was unjust. The applicant contends his Herniated Disc (Lumbar); which was just operated on in June 2015, should have been considered during his MEB process in 2009.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant is a former medically discharged Air Force technical 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 denying the application.  The claimant agreed with the MEB findings on 13 Nov 09 that his case be referred to the Informal Physical Evaluation Board (IPEB). On 13 Jan 10, IPEB recommended discharge with severance pay with a disability rating of zero percent for Chronic right groin pain.  The claimant agreed with the findings and waived the right to the formal board on 20 Jan 10. On 26 Apr 10, claimant was permanently retired in the grade of technical sergeant with a zero percent disability rating with Disability Severance Pay.  For information, the DVA increased the Lumbar (Herniated Disc) from 0 to 100% temporary from June – October 2015, which was five years following his separation from the USAF. 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 19 May 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 not the victim of an error or an injustice.  The Board concurs with AFPC/DPFDD and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.

THE BOARD RECOMMENDS:  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 AFBCMR Docket Number BC-2017-00528 in Executive Session on 11 Apr 18:

Panel Chair
Panel Member
Panel Member

The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 25 Jan 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DPFDD, dated 5 Apr 17 w/atch.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 19 May 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.