RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03349 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His Angioneurotic Edema be given a rating of 40 percent and he be given a medical retirement. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was separated for disability and was not given options or educated for either a physical evaluation board or medical evaluation board. He was not offered advice or counseling prior to agreeing to and signing his discharge documentation. In support of the applicant’s appeal, he provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant entered active duty on 10 March 1989. On 16 September 1996, a MEB convened and referred the applicant's case to an Informal Physical Evaluation Board (IPEB) based on a diagnosis of angioneurotic edema with facial swelling. On 22 November 1996, the IPEB found him unfit for further military service and recommended discharge with severance pay with a disability rating of 20 percent for angioneurotic edema with facial swelling and shortness of breath. On 6 December 1996, the applicant agreed with the findings and recommended disposition of the IPEB. On 18 February 1997, the applicant was honorably discharged under the provisions of AFI 36-3212 – Disability, Severance Pay. He served 7 years, 11 months and 9 days on active duty. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPFD recommends denial. DPFD states the applicant did not exercise his two appeal rights to have his case heard before the Formal Physical Evaluation Board and if necessary a review by the Secretary of the Air Force Personnel Council. The preponderance of evidence reflects that no error or injustice occurred during the disability process. The DPFD complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 May 2013, a copy of the evaluation was forwarded to the applicant for review and response within 30 days (Exhibit D). As of this date, no response has been received by this office. ________________________________________________________________ _ 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. We took notice of the applicant's complete submission 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 failed to sustain his burden of proof of the existence 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 the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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-2012-03349 in Executive Session on 7 January 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 April 2012 and 16 April 2013, w/atch. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPFD, dated 6 May 2013. Exhibit D. Letter, SAF/MRBR, dated 19 May 2013. 2 3