RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-01341

XXXXXXXXXX	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

Her Military Human Resource Records (MHRR) be updated to reflect disability “in Line of Duty, in Combat Zone” for all pay, discharge and order records.

APPLICANT CONTENDS THAT:

AF Form 356, Informal Findings and Recommended Disposition of USAF Physical Evaluation Board, Section 10, Additional Findings, clearly states disability occurred in Line of Duty (LOD) and in a Combat Zone.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 26 Feb 15, the applicant was permanently disability retired as an Air Force major with a compensable percentage for physical disability of 40 percent and credit for 30 years, 10 months and 6 days of service for basic pay.  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 partially granting the application by including the lumbar strain with the left hip conditions as “combat zone, not combat related.”  Upon review of the applicant’s record, the medical board noted the lumbar strain LOD indicates “after approximately one week deployed to Ali Salem, Kuwait, her low back started to hurt” and as such, this condition should be designated as combat zone, not combat related.  As for the right hip, there is no indication in the record this condition incurred in a combat zone, nor the LOD.  Additionally, as to the applicant’s request to have her retirement order corrected, in accordance with the Secretary of Defense (NDAA08, SEC 1646) (National Defense Authorization Act) the combat zone indicator is not shown on a permanent retirement order.  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 18 Sep 18 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 reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an error or injustice regarding part, but not all, of her request.  In particular, the LOD indicating her lumbar strain should be designated as combat zone, not combat related, which is sufficient to justify granting the applicant’s request to update her AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show the lumbar strain, identified on her 23 September 2014 Air Force Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, in Category I – Unfitting Conditions, be noted as “Combat Zone, not Combat Related.”

However, regarding the remainder of the applicant’s request, the Board recommends the applicant be informed the evidence did not demonstrate material error or injustice and the application could 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-2017-01341 in Executive Session on 18 Oct 18:

, Vice Chair
, Panel Member
, Panel Member

All members voted to correct the record in part, as noted above.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 13 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 18 Sep 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 18 Sep 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.