RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04263 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

 

His combined disability rating of 30 percent be increased to 
50 percent. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was assigned a disability rating of 30 percent as a result of 
a Medical Evaluation Board (MEB) in August 2005. He was under 
the impression the referenced percentage was a result of his 
Department of Veterans Affairs (DVA) disability rating and not 
the MEB. His representative, a major in the Air Force, did not 
explain that was the percentage used to establish his pay. Upon 
completing the MEB, he spoke with a civilian in customer service 
who explained the results of the MEB was just a percentage and 
that his pay could not be less than 50 percent of his retirement 
pay. Had he realized the implications of the 30 percent 
disability rating, he would have appealed the decision. 

 

He was poorly represented by counsel and misinformed by the 
customer service representative about the retired percentage. 
He would not have accepted a 30 percent disability rating. This 
has caused him a great deal of stress to the point that he has 
lost his home and marriage. He requests the Boards 
understanding. 

 

In support of the appeal, the applicant submits a personal 
statement, copies of his medical records and a copy of his DVA 
appeal decision. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

 

 

 

 


STATEMENT OF FACTS: 

 

The applicant is a former member of the Air Force Reserves. 
Pursuant to a Formal Physical Evaluation Board, he was placed on 
the permanently disability retired list in the grade of master 
sergeant on 7 September 2005 with a combined disability rating 
of 30 percent. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is located at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial. The Informal Physical Evaluation 
Board (IPEB) recommended the applicant be discharged with 
severance pay with a 10 percent disability rating. The 
applicant non-concurred and requested a formal hearing with 
counsel. On 2 August 2005, the Formal Physical Evaluation Board 
(FPEB) reviewed the case and recommended he be permanently 
retired with a 30 percent disability rating. The applicant 
concurred with the findings the same day. 

 

Retirement pay is based on either disability percentage or years 
of service, whichever is greater. The applicant had 7.34 years 
of service at the time of separation, therefore, his retirement 
pay should have been calculated based on the 30 percent 
disability rating. It is noted that he was incorrectly coded as 
being placed on the Temporary Disability Retired List which 
resulted in him being paid under the wrong law. AFPC recommends 
the applicant submit a waiver to the Defense Accounting and 
Finance Service for the overpayment. 

 

The complete DPSD evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 30 May 2012, for review and comment within 30 days 
(Exhibit D). As of this date, this office has received no 
response. 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 


 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice regarding the 
processing of the applicant’s disability rating. We took notice 
of the applicant's complete submission and the available 
evidence of record in judging the merits of the case; however, 
we agree with the opinion and recommendation of the Air Force 
office of primary responsibility and adopt its rationale as the 
basis for our conclusion that the applicant has not been the 
victim of an error or injustice. Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-04263 in Executive Session on 17 July 2012, under 
the provisions of AFI 36-2603: 

 

  

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 17 Mar 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 16 May 12. 

 Exhibit D. Letter, SAF/MRBR, dated 30 May 12.