RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00166 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board (PEB), dated 27 Oct 10, be changed to characterize his injury as a direct result of war/instrumentality of war and as a result of an armed conflict. 2. His DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 24 Jan 11 separation be changed in Item 12f, Foreign Service, to reflect his foreign service. APPLICANT CONTENDS THAT: His Medical Evaluation Board (MEB) Summary written by his doctor provides evidence that an irreversible injury occurred while he was deployed in support of Operation ENDURING FREEDOM (OEF), in 2009. He continued to fly despite his injury, but was physically unable after executing one Air-to-Air Training Sortie (instrumentality of war) upon his return from an OEF deployment. His neck damage was too severe and prevented him from continuing flying status. His deployment medical record documents "conservative therapy" (spinal manipulations and physical therapy); however, it was not incorporated in his file that was considered by the MEB. In support of his requests, the applicant submits copies of his MEB Summary, DVA Rating Decision, flight record and various other documents associated with his requests. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the information provided by the Air Force Office of Primary Responsibility (OPR), on 31 Aug 10, the Informal Physical Evaluation Board (IPEB) received this case after a MEB was conducted at Seymour Johnson AFB NC. On 27 Oct 10, the IPEB reviewed the case and recommended permanent retirement due to diagnosis of cervicalgia with radiculopathy with a disability rating of 30 percent. At that time, the IPEB determined that his disability was not combat related, a direct result of armed conflict or an instrumentality of war. The narrative summary, dated 12 Aug 10 noted the first documented visit for the applicant's symptoms of neck pain was in Apr 04. While deployed in Jul 09, his neck pain became more severe and conservative therapy provided minimal benefit lasting only a few days. On 12 Nov 10, the applicant concurred and requested a shorter separation date of 24 Jan 11. Special Order ACD-00347 was issued on 15 Nov 10. On 24 Jan 11, the applicant was permanently disability retired, with compensable disability rating of 30 percent. He was credited with 7 years, 7 months and 11 days of active service. AIR FORCE EVALUATION: AFPC/DPFD recommends denial of the applicant’s request to change his AF Form 356. Air Force Instruction 36-3212, Physical Evaluation for Retention, Retirement, and Separation, Section 3.26, Attachment 1, states: "Armed Conflict-Conflict between nations or other contestants entailing the physical destruction of, or injury to, one another's armed forces. Armed conflict exists if the direct use of physical force endangers the lives or safety of members of the armed services of a nation, belligerent power, coalition, or faction. Armed conflict includes war, expedition, occupation of an area or territory, battle, skirmish, raid, invasion, rebellion, insurrection, guerrilla action, riot, or any other action in which Air Force military personnel engage a hostile or belligerent nation, faction, or force. It also includes incidents involving a member while interned as a POW or while detained against his or her will in custody of a hostile or belligerent force or while escaping or attempting to escape from such confinement, POW or detained status. Instrumentality of War: A vehicle, vessel, or device designed primarily for military service and intended for use in such service at the time of the occurrence of the injury. It may also be a vehicle, vessel, or device not designed primarily for military service if use of or occurrence involving such a vehicle, vessel, or device subjects the individual to a hazard peculiar to military service. This use or occurrence differs from the use or occurrence under similar circumstances in civilian pursuits. There must be a direct causal relationship between the use of the instrumentality of war and the disability must be incurred incident to a hazard or risk of the service. " Air Force Instruction 36-3212, Section 3.27.21, states: "Combat- Related - The IPEB will make a combat-related disability determination for: Armed Conflict, Extra Hazardous Service, Conditions Simulating War and Instrumentality of War. If the applicant felt that his neck pain was caused by an instrumentality of war, armed conflict and wanted it to be classified as combat related, he had two opportunities to appeal for that to be considered. Based on definition, the facts and circumstances involved, the IPEB determined the applicant's medical condition was not caused by an instrumentality of war or a direct result of armed conflict. The preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of retirement. The complete DPFD 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 15 May 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2014-00166 in Executive Session on 12 Nov 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 Jan 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Record. Exhibit C. Letter, AFPC/DPFD, dated 11 Apr 14. Exhibit D. Letter, SAF/MRBR, dated 15 May 14.