RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01976

XXXXXXXXXX	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect block 26 as “JEA” versus “JEB” and that block 28 reflect “Disability, Severance Pay, Combat Related (Enhanced)” versus “Disability, Severance Pay, Non-Combat (Enhanced).”

APPLICANT CONTENDS THAT:

The AF IMT 100, Request and Authorization for Separation, provided during his separation clearly states in item # 11 block 35; the disability was a direct result of a combat related injury and severance pay is not taxable per 26 USC, 104 (A) and (B).  Additionally, the official separation notification email he received from AFPC clearly states the disability was incurred in a combat zone or incurred during the performance of duty in combat-related operations as designated by the Secretary of the Defense (NDAA08, Sec 1646).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 17 Nov 14, per the Informal Physical Evaluation Board (IPEB) diagnosis, Unfitting Conditions: Degenerative Disc Disease (DDD) Thoracolumbar Spine with Multi-level Wedge Deformity T7-9 (Combat Zone, not Combat Related) is recorded.  Section 10. E. 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 (NDAA 2008. Sec 1646) is answered with “yes.”  Remarks:  Service member with a history of chronic back pain, which reportedly initially began in 2009 while deployed and engaged in P90X, kickboxing but was later significantly exacerbated in 2011 in a rollover motor vehicle accident.  In this accident, the service member sustained multiple compression fractures mid-thoracic spine.  Recommended disposition was Discharge With Severance Pay (DWSP) with a 10 percent combined compensable percentage.

On 11 Dec 14, per email from AFPC/DPSDD, the applicant was determined physically unfit for continued military service and DPSDD directed an honorable discharge with severance pay, noting 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 (NDAA08, Sec 1646), with an SPD code of “JEB” (disability, severance pay, non-combat related) per the Integrated Disability Evaluation System (IDES).

On 25 Feb 15, the applicant received an honorable discharge with a separation code of “JEB” and a narrative reason for separation of disability, severance pay, non-combat (enhanced).  He was credited with 13 years, 7 months and 16 days of active service to include 4 years and 6 months foreign service.

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.  The fact that a member may have incurred an injury during a period of war or in an area of armed conflict or while participating in combat operations or training is not sufficient by itself to support a combat-related determination.  There must be a definite, documented, casual relationship between the armed conflict event/incident and the resulting disability.  Per DoDI 1332.18, August 5, 2014, 44 Appendix 5 to enclosure 3, the applicant’s unfitting condition currently does not qualify as combat related, therefore, the applicant’s SPD code is correct as JEB – Disability, Severance Pay, Non-combat (Enhanced).

However the applicant’s AF IMT 100 should be corrected to reflect: 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 (NDAA08, SEC 1646).  DPFDD recommends item #11 in block 35 (Continuation of Dependents and Remarks) section of the applicant’s AF IMT 100 (separation order) be amended to read the correct combat zone reference as indicated above.  There is no other indication an error or injustice occurred during processing of his disability case.  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 05 Jul 18 for comment (Exhibit E), 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 his request.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice to warrant changing his DD Form 214.  As such, the Board finds no basis to recommend granting that portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records to the extent indicated below.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his AF IMT 100, Request and Authorization for Separation, dated 17 December 2014, Block 35 (Continuation of Dependents and Remarks) Item 11, be amended to read “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 (NDAA08, SEC 1646).” 

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.

The application was adjudicated without a personal appearance.

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-2017-01976 in Executive Session on 15 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 04 Jan 18.
Exhibit D:	Physical Evaluation Board case file.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 05 Jul 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 for Docket Number BC-2017-01976.