RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01992

XXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her narrative reason for separation on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from “For disability which existed prior to service (EPTS), no severance pay” to an unspecified narrative reason. 

APPLICANT’S CONTENTIONS

The Department of Veterans Affairs (DVA) awarded her 100% service connection disability after multiple appeals.  In order to qualify for a DVA home loan, the narrative reason on her DD Form 214 must be updated.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force airman basic (E-1).

On 15 Oct 80, the Office of the Secretary of the Air Force approved the applicant’s disability discharge by reason of physical disability which existed prior to service, not entitled to severance pay and on the same date, the applicant acknowledged receipt of the action.

On 21 Oct 80, the applicant was honorably discharged from the regular Air Force with a narrative reason, “For disability which existed prior to service (EPTS), no severance pay” and credited with 3 months and 14 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

AFPC/DPFDD recommends denying the application.  Although the applicant’s complete Physical Evaluation Board (PEB) record could not be located, service records indicate the applicant entered the Air Force on 8 Jul 80 and on 15 Oct 80, the PEB directed she be discharged without disability benefits under Chapter 61, Title 10 USC for a physical disability which was determined to have EPTS without service aggravation.  The PEB decision directed use of Separation Program Designator (SPD) Code JFM which matches Block 26, Separation Code and Block 28, Narrative Reason for Separation of the DD 214 and Block 25E of the separation order dated 21 Oct 80.

The Air Force and the DVA disability systems operate under separate laws. Under the Air Force system (Title 10, United States Code [U.S.C.]), the Physical Evaluation Board (PEB) must determine whether an airman’s medical condition renders them unfit for continued military service relating to their office, grade, rank or rating.  To be unfitting, the condition must be such that it alone precludes the member from fulfilling their military duties.  The PEB then applies 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, or permanent retirement) and is not subject to change after the service member has separated.  Under the DVA 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 VA “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.

A review of the member’s DVA records indicate that on 25 Nov 94, the DVA initially denied service-connection with service aggravation for ulcerative colitis.  This original rating decision indicated the member had a history of ulcerative colitis which was originally diagnosed at age 13. A 10 Aug 95 rating decision upheld the DVA’s original decision.  After several appeals on 23 Dec 97, the DVA determined that the applicant’s ulcerative colitis, status/post total colectomy EPTS with service aggravation and awarded a 100% disability compensation rating retroactive to 12 Sep 94, almost 14 years after separation.  Based on the documentation provided by the applicant and analysis of the available documentation and facts, there is no indication an error or injustice occurred at the time the PEB processed her disability case.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 13 Jan 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDD and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2020-01992 in Executive Session on 17 Mar 21:

Panel Chair
Panel Member
Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 May 20 and 19 Jun 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, w/atchs, dated 6 Jan 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 13 Jan 21.

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.