ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01144

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board reconsider his request that he be placed on the permanent disability retirement list (PDRL) with a 50 percent rating or higher.

RESUME OF THE CASE

The applicant is an honorably discharged Air Force technical sergeant (E-6).  

On 23 Mar 18, the applicant was removed from the Temporary Disability Retired List and discharged by reason of physical disability with entitlement to disability severance pay.  On 27 Feb 19, the Board considered and denied his request to be placed on the PDRL with a 50 percent rating or higher, finding that the applicant had provided insufficient evidence of an error or injustice to justify relief.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit E.

On 12 Sep 19, the applicant requested reconsideration.  He again contends that the Air Force reduced his retirement rating from 50 percent to 20 percent and because of this, he lost insurance for his family.  The Department of Veterans Affairs (DVA) report outlines his rating evaluation and overall disability rating.  After examination, he is currently rated 100 percent totally and permanently disabled.  Given the medical evidence provided, this injustice should be corrected.  As new evidence, the applicant provides a letter from the DVA dated 6 Feb 19 with their decision regarding his VA benefits and a rating decision dated 17 Jan 19.

The applicant’s complete submission, with attachments, is at Exhibit F.

FINDINGS AND CONCLUSION

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board finds a preponderance of the evidence does not substantiate the applicant’s contentions.  In this respect, the Board notes the Air Force and the DVA disability systems operate under separate laws.  Under the Air Force system (Title 10, U.S.C.), Physical Evaluation Boards must determine whether an Airman’s medical condition 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 (discharge with severance pay, placement on the temporary disability retired list, permanent retirement) and is not subject to change after the service member has separated.  Under the VA system (Title 38, U.S.C.), the member may be evaluated over the years and their rating may be increased or decreased based on changes in the member’s medical condition at the current time.  However, a higher rating by the DVA “based on new and/or current exams conducted after discharge from service” does not warrant a change in the total compensable rating awarded at the time of the member’s separation. Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2018-01144-2 in Executive Session on 17 Jun 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit E:	Record of Proceedings, w/ Exhibits A-D, dated 6 Mar 19.
Exhibit F:	Application, DD Form 149, w/atchs, dated 12 Sep 19.

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