RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02108

XXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  YES

APPLICANT REQUESTS THAT:

His disability percentage from active duty Air Force be corrected to 70 percent.

APPLICANT CONTENDS THAT:

The Temporary Disability Retired List (TDRL) process incorrectly modified his medical retirement percentage from the original 70 percent to a lower amount of 50 percent.  The lower percentage was due to errors in the Air Force documentation.  The Veterans Administration (VA) evaluated his disabilities at 70 percent on 14 Mar 17.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force Captain.  

On 28 Sep 14, the applicant was placed on the TDRL with a compensable percentage for physical disability of 70 percent.

On 15 Sep 16, the Formal Physical Evaluation Board recommended permanent retirement with a compensable percentage for physical disability of 50 percent.

On 10 Feb 17, the Secretary of the Air Force Personnel Council directed the applicant be permanently retired with a disability rating of 50 percent, under the provisions of Title 10, United States Code (USC), Section 1201.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/Disability recommends denying the application.  The Air Force Physical Evaluation Board determines the member’s fitness for duty under Title 10 USC, and applies the rating provided by VA at the time of disability processing.  The VA may reevaluate the member’s condition over time under Title 38 USC, and increase/decrease their rating based upon changes in the member’s medical condition.  The complete advisory is at Exhibit C.

BCMR Mental Health Advisor recommends denying the application.  The advisor found no error in the decision for compensation and the applicant did not provide new information that would affect that decision.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 9 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 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 rationales and recommendations of AFPC/Disability and BCMR Mental Health Advisor and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

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 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.

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-2017-02108 in Executive Session on 9 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Apr 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/Disability, dated 31 Oct 17.
Exhibit D:	Advisory opinion, BCMR MH Advisor, dated 18 May 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 9 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, regarding Docket Number BC-2017-02108.