RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01109

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He receive a medical retirement.

APPLICANT CONTENDS THAT:

He served for 17 years and was medically discharged due to a 20% disability decision by the USAF.  However, he now has been found 80% disabled by the Department of Veterans Affairs (DVA) and feels an injustice has been served because he is unable to receive retirement benefits. He states that his severance pay has already been recouped by the DVA.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former medically discharged Air Force technical sergeant.

On 4 Aug 14, the applicant was referred to the Integrated Disability Evaluation System (IDES). 

On 18 Aug 14, the applicant elected to not have an impartial review of his Medical Evaluation Board (MEB).

On 26 Sep 14, the applicant received a disability evaluation system proposed rating from the Department of Veterans Affairs (DVA) with a combined rating of 50 percent.

On 30 Sep 14, the applicant received an Informal Physical Evaluation Board (IPEB) with a combined compensable rating of 20 percent.

On 14 Oct 14, the applicant signed AF Form 1180 agreeing with the findings and recommended disposition of the (PEB) and applicable case processing procedures and appeal rights. The applicant checked off that he does not request a one-time reconsideration of the disability ratings for the conditions found unfitting by the PEB.

On 28 Dec 14, the applicant received an Honorable discharge with disability, severance pay, noncombat (enhanced).

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.  A review of his DD149 request reveals no error or injustice occurred during the processing of his case.  On 4 Aug 14, the applicant was referred to IDES.  On 30 Sep 14, IPEB recommended discharge with severance pay with a disability rating of 20 percent for Chronic Low Back Pain rated at 10 percent and Internal Derangement Right Knee rated at 10 percent for a combined 20 percent rating.  The case file was forwarded to the Department of Veterans Affairs (DVA) for application of the appropriate level of disability for his unfitting condition.  Upon receipt of the DVA rating, the IPEB applied the rating to his unfitting conditions and recommended Discharge with Severance Pay (DWSP) with a combined compensable disability rating of 20 percent.  The applicant concurred and on 28 Dec 14, he was discharged in the grade of technical sergeant with a 20 percent disability rating with Disability Severance Pay. 

The applicant’s current DVA rating code-sheet, dated 9 Sept 15, indicates the applicant’s unfitting conditions have not changed, hence no change to his record is warranted.  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 29 Nov 17 for comment (Exhibit D), 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-2017-01109 in Executive Session on 11 Apr 18:

Panel Chair
Panel Member
Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 9 Jan 17.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD w/atchs, dated 23 Oct 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 29 Nov 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.