RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00804

	COUNSEL:  

 	HEARING:  NO

APPLICANT REQUESTS:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect his disabilities are “combat-related.”

APPLICANT CONTENDS:

His official orders and PEB findings clearly indicate his injuries were a direct result of combat, and therefore, his DD Form 214 should reflect them as “combat-related.”  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 3 Aug 15, the applicant received an AF Form 469, Duty Limiting Condition Report, referring him to the medical evaluation board process due to constant knee pain.  

On 18 Dec 15, the Informal Physical Evaluation Board (IPEB) determined the applicant was unfit for further military service due to degenerative arthritis with patellofemoral pain syndrome in both knees (Combat Zone, Not Combat Related); found his disability was incurred in the line of duty in a combat zone in a combat-related operation; and, recommended he be discharged with severance pay with a combined compensable disability rating of 20 percent, per the Veterans Administration Schedule for Rating Disabilities (VASRD) guidelines, as recommended by the Department of Veterans Affairs (DVA).  

On 29 Mar 16, the Formal PEB (FPEB) concurred with the findings of the IPEB the applicant’s disabilities were not combat related.  

On 21 Jul 16, the Secretary of the Air Force Personnel Counsel (SAFPC) reviewed the applicant’s case and concurred with the IPEB and FPEB that his injuries were not combat related. 

On 15 Dec 16, the applicant was honorably discharged with a narrative reason for separation of “Disability, Severance Pay, Non Combat (Enhanced);” after serving 14 years, 1 month, and 4 days.  

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.  The fact a member incurred an injury during a period of war, or in an area of armed conflict or while participating in combat operations, is not sufficient by itself to support a combat-related determination.  There must be a definite, documented, causal relationship between the armed conflict event/incident and the resulting disability.  

Per the attached member’s official AF Form 356s, the Findings and Recommendation Disposition of USAF Physical Evaluation Board and SAFPC memorandum; the injuries to the applicant’s knees were exacerbated while deployed to Iraq where he stood in the gun turret for long durations; hence, the conditions are determined to have incurred in a combat zone, not combat related.  The member’s unfitting conditions currently do not qualify as “combat related.”  Recommend denial of the applicant’s request.

We recommend Block 35, Item 9, of the applicant’s AF IMT 100, Special Order AJ-123161, dated 24 Aug 16, be amended as follows:  remove the statement “The disability was a direct result of a combat related injury and severance pay is not taxable per 26 USC, 104(A) and (B),” and replace it with “Disability was incurred in a combat zone or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense (NDAA8, SEC 1646)”

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 18 for comment (Exhibit D), but has received no response.

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 the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant’s Form 100 was originally prepared in error yet believe that correcting the record as recommended by AFPC/DPFDD may be considered detrimental to the applicant.  Therefore, the Board recommends against correcting the applicant’s records.

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 Docket Number BC-2017-00804 in Executive Session on 9 May 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 Feb 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 20 Oct 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 29 Nov 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.