RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03825

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Her disability rating be noted on her DD Form 214, Certificate of Release or Discharge from Active Duty, and she be paid for the 8 years that she did not receive her disability payment.

APPLICANT CONTENDS THAT:

She was medically discharged in 2002 with 10% disability without an exit physical.  She was awarded discharge with severance pay (DWSP).  She never received the pay and chose to wait until she turned 60 years for her retirement.  Years later, the Department of Veterans Affairs (DVA) awarded her 40% disability vs the 10% and later it was increased to 70% after being evaluated again. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Reserve of the Air Force master sergeant. 

On 22 Jan 02, the applicant’s commander recommended her for Medical Evaluation Board (MEB) on the basis of not being able to perform her duties based on her medical condition.  The wing commander concurred and did not recommend the applicant for retention.

On 28 Mar 02, the applicant was referred for MEB by the Aerospace Medicine Squadron commander for a history of anxiety.

In Jun 02, according to AFPC/DPFFD, the applicant was referred to the Informal Physical Evaluation Board (IPEB) for physical disability. The IPEB found the applicant unfit for Specific (simple) Phobia under VASRD code 9403 and recommended Discharge Under Other Than Chapter 61, Title 10 U.S.C. (EPTS). The applicant non-concurred and requested an appearance before the Formal Physical Evaluation Board (FPEB).

On 10 Sep 02, according to the documentation provided by the applicant, the FPEB found her unfit for “Social phobia associated with depression and anxiety disorder. Mild social and industrial adaptability impairment,” and recommended Discharge With Severance Pay (DWSP) at a compensable disability rating of 10%, and on 12 Sep 02, the applicant agreed with the findings. 

On 18 Sep 02, the applicant elected to be transferred to the Inactive Status List Reserve Section (ISLRS) for the purpose of applying for retirement and to receive retirement pay upon becoming 60 years of age in lieu of DWSP.

On 30 Oct 02, the applicant was released from active duty due to demobilization in support of Operation NOBLE EAGE/ENDURING FREEDOM from 17 Oct 01 to 30 Oct 02.

On 5 Nov 02, the applicant was place on the Reserve Retired List awaiting retired pay at age 60 years (26 Sep 15).

On 18 Feb 10, the Department of Veterans Affairs (DVA) rated the applicant 30% disability for “Generalized Anxiety Disorder” and 10% for “Tinnitus” with a combined disability compensation of 40%, and on 14 Apr 14, the DVA increased her “Generalized Anxiety Disorder” disability rating to 70% with no change to “Tinnitus” for a combined disability compensation of 70%.

On 26 Sep 15, the applicant reached the age of 60 years and was placed on the Air Force Retired List and authorized retired pay.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATIONS:

AFPC/DPFDD recommends denying the application. There is no indication an error or injustice occurred during processing of her disability case.  In accordance with 10 U.S.C 12731, the applicant did not receive the severance pay because she elected transfer to ISLRS for the purpose of applying for early retirement in lieu of being discharged with severance pay.  Additionally, the Air Force and the Department of Veteran’s Affairs (DVA) disability systems operate under separate laws.  Under the Air Force system (Title 10, United States Code), Physical Evaluation Boards must determine whether an airman’s medical condition(s) renders them unfit for duty and apply the rating best associated with the level of disability at the time of disability processing (a snapshot in time). That rating determines the final disposition and is not subject to change after the service member has separated.  An increase or decrease in rating by the DVA after separation from the service does not warrant a change in the total compensable rating awarded at the time of the member’s separation.  The complete advisory is at Exhibit C.

ARPC/DPTS recommends denying the application. A review of the applicant’s records and the source documents provided by the applicant do not support her request for the completion of a DD Form 214. Per AFI 36-3202, Table 4, Rule 29, “Make only the entries authorized in rules 30-49, if they are applicable. Make no others unless specifically authorized by HQ AFPC/DPPRS”.  There is no provision in the rules mentioned allowing inclusion of disability percentage rating to be placed on the DD Form 214 in the remarks or any other section. There is however a disability severance pay amount to be listed as an exact amount, however the applicant elected to be placed into ISLRS in lieu of discharge with severance pay. Therefore, this would not apply to her.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

The Board sent copies of the Air Force evaluations to the applicant on 11 Jun 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 that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and ARPC/DPTS and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

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.

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-2017-03825 in Executive Session on 1 Aug 18:

	Panel Chair
	Member
	Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, w/atchs, dated 14 Dec 17.
Exhibit D:	Advisory opinion, ARPC/DPTS, w/atch, dated 19 Apr 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Jun 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.