RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01983
	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

His discharge with disability severance pay be changed to a Reserve retirement.

APPLICANT CONTENDS THAT:

He was not properly advised that he was eligible to receive a Reserve retirement versus being discharged with severance pay.  He argues, had he been given the opportunity, he would have chosen Reserve retirement.  In support of his appeal, the applicant provides a memo from SAF/LL dated 26 Apr 16.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a medically discharged Air Force staff sergeant.

On 19 May 11, the Physical Evaluation Board (PEB) found the applicant’s Low Back Pain Status Post Fusion to be an unfitting condition with a 40 percent compensable disability rating recommending temporary retirement.

On 1 Oct 11, the applicant was placed on the Temporary Disability Retired List (TDRL) with a 40 percent compensable physical disability rating.

On 25 Oct 13, 21 Mar 14 and 7 Oct 15, the PEB found the applicant’s Status Post Lumbar Fusion with Persistent Low Back Pain to be an unfitting condition with a 20 percent compensable disability rating recommending TDRL to discharge with severance pay (DWSP).

On 4 Feb 16, the applicant was removed from the TDRL and discharged by reason of Physical Disability with entitlement to disability severance pay.

On 26 Apr 16, the applicant received notification from SAF/LL stating that a procedural step was unintentionally missed and the applicant was not afforded the opportunity to choose a Reserve retirement versus a discharge with severance 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/DPFDC recommends granting the application, stating, in part, that the applicant claims he was not allowed the opportunity to choose a Reserve retirement at the age of 60 after serving in the Air National Guard with over 16 years of satisfactory service, with 6 years serving in a reserve component.  Based on information obtained by AFPC/DPFDC, sufficient relevant evidence exists that during the applicant’s out-processing; a procedural step was unintentionally missed.  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 19 Dec 17 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 thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDC and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected 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 that on 3 February 2016, he was not discharged with disability severance pay, but was relieved of his current assignment and on 4 February 2016, he was transferred to the Air Force Reserve Retired List awaiting pay at age 60, under the provisions of Title 10, United States Code (USC), Section 12731.

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-2017-01983 in Executive Session on 25 Apr 18:

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Apr 17.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 13 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Dec 17.

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