RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04577

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His AF Form 356 and Special Order No. ADC-00158 be changed to reflect his spinal injuries were combat-related. 

APPLICANT CONTENDS THAT:

An injustice occurred during his Medical Evaluation Board (MEB) process.  The applicant suffered spinal injuries during two separate combat deployments in Iraq that are now permanent conditions and were not designated as combat related.  The applicant believes the injustice was due to an incomplete medical documentation package.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a medically retired Air Force major.

On 25 Jun 07, the applicant received a Line of Duty Determination that his diagnosis of bulging intervertebral disc lumbar occurred in the line of duty.

On 2 Jul 14, the Department of Veterans Affairs awarded the applicant a combined disability rating of 70 percent.

On 11 Jul 14, an Informal Physical Evaluation Board (IPEB) concluded the applicant’s two Category I – Unfitting Conditions (1) Lumbar Degenerative Disc Disease and (2) Cervical Disc Disease were not combat-related, however the conditions were 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).  The IPEB applied the DVA rating of 70 percent combined compensable disability rating with permanent retirement. 

On 26 Aug 14, the applicant requested an appeal to the Formal Physical Evaluation Board (FPEB).  

On 8 Sep 14, the applicant requested to waive his FPEB hearing.

On 29 Dec 14, the applicant was permanently retired on disability.

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 denying the application.  The applicant’s request to change his AF Form 356 to reflect a combat-related determination is unsubstantiated.  The fact that a member incurred a disability in an area of armed conflict, while participating in combat operations or during a period of hazardous service is not sufficient by itself to support combat-related determination.  There must be a definite, documented, casual relationship between the armed conflict and the resulting disability.  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 29 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD 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-2017-04577 in Executive Session on 08 May 17:

Panel Chair
Panel Member
Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Oct 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, dated 28 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 29 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.