RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00516

  THOMAS C. SUNIO	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His discharge with severance pay be changed to a medical retirement with a 30 percent disability rating.

APPLICANT CONTENDS THAT:

When the Medical Evaluation Board (MEB) processed his disabilities they did not considered his radiculopathy of lower extremities as an unfitting condition.  However, upon appeal for reconsideration and range of motion, the unfitting condition was increased from 10 percent to 20 percent and radiculopathy of lower extremities was added as a Category II, but was not rated as unfitting.  The Veterans Affairs (VA) rated his disabilities individually, which gave him a higher overall rating for compensation than projected on the previous decision.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 6 May 08, the applicant entered active duty in the Regular Air Force.

According to the applicant’s DD Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 24 Mar 17, he was found unfit for chronic low back pain; DVA rated as degenerative disc disease and degenerative arthritis of the lumbar spine, capsule synovitis  with a 20 percent disability rating.

On 28 Aug 17, the applicant received an honorable discharge with a narrative reason for separation of “DISABILITY, SEVERANCE PAY, NON COMBAT (ENHANCED),” after serving 9 years, 3 months, and 23 days of active service.

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

AIR FORCE EVALUATION:

MRB Medical Consultant recommends denying the application.  The applicant was referred to the Integrated Disability Evaluation System (IDES) due to a condition that prevented satisfactory performance of duty commensurate with his position, title, rank, and Air Force Specialty Code (AFSC).  The initial result of the IDES process was discharge with severance pay under the provisions of Title 10, United States Code, Section 1203 with a disability rating of 10 percent.  The VA reconsidered his disability appeal and increased his disability rating from 10 percent to 20 percent, which is reflected in the Secretary of the Air Force Personnel Council (SAFPC) memorandum, dated 24 Mar 17.  However, the applicant’s overall disability rating did not change; thus, his separation remained “Discharge with Severance Pay.”

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 17 Sep 18 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 MRB Medical Consultant 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-2018-00516 in Executive Session on 17 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 1 Feb 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, MRB Medical Consultant, dated 25 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 17 Sep 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 pertaining to Docket Number BC-2018-00516.