RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01056

	COUNSEL: NONE

	HEARING: YES

APPLICANT’S REQUEST.  That his Medical Evaluation Board (MEB) decision be change from retired without pension to retired with pension with 20 years of service.

APPLICANT’S CONTENTION.  That the MEB decision was unjust.   He was medically released with over 18 years of service and not given the opportunity to complete 20 years of service.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant is a retired Air Force master 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 Disability recommends denying the application.  The applicant agreed with the MEB findings on 6 Dec 06 that his case be referred to the Informal Physical Evaluation Board (IPEB). On, 25 Jan 07 IPEB recommend placement on the Temporary Disability Retired List (TDRL) for Headache syndrome, temporally related to dental extraction. The applicant agreed with the findings and waived the right to the formal board on 26 Jan 07.  On 12 Mar 07, he was placed on the TDRL.  Following several medical examinations, the IPEB recommended permanent retirement at 50% in Dec 09.  The applicant concurred with the findings on 19 Jan 10, was subsequently removed from the TDRL, and on 14 Feb 10, was permanently retired with a 50% disability rating. 

A service member retired by the Disability Evaluation System who would have been eligible for retirement due to years of service and who receives at least a 50% disability rating from the Department of Veterans Affairs will be eligible for Concurrent Retirement and Disability Pay (CRDP), which restores a retiree’s disability offset.  To qualify for CRDP, service members must have earned entitlement to retired pay under any provision of law other than solely by disability, such as regular retirement at 20 years, under Temporary Early Retirement Act (TERA), or as a reserve retiree with 20 satisfactory (“good”) years of service who has reached retirement age (in most cases 60 years of age).  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 24 Oct 17 for comment (Exhibit D) and the applicant replied on 4 Dec 17.  In his response, the applicant contended that although he concurred with the MEB and PEB decisions, he did so out of fear and uncertainty for his livelihood.  He was mentally, physically, and emotionally broken and did not fight for his years of dedicated service.  The applicant’s complete response is at Exhibit E.

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/injustice/error and injustice.  The Board concurs with AFPC Disability 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.

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, 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-2017-01056 in Executive Session on 28 Mar 18.

Panel Chair
Panel Member
Panel Member

The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 10 Mar 17, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC Disability, dated 13 Oct 17.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 24 Oct 17.
Exhibit E:  Applicant’s response to Exhibit D, dated 4 Dec 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.