RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02612

XXXXXXXXXX	COUNSEL: NONE

 	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His retirement order (Special Order Number ACD-01429), dated 14 January 2019 be corrected to show that his disability was received as a direct result of armed conflict or caused by an instrumentality of war and incurred in line of duty during a period of war.

APPLICANT’S CONTENTIONS

His lung issues are a direct result of his numerous deployments to combat zones.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard technical sergeant (E-6.)

Special Order Number ACD-01429 dated 14 January 2019, reflects that his disability was not received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war or incurred in line of duty during a period of war. 

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.  There is no indication an error or injustice occurred at the time the Physical Evaluation Board processed his disability case.  On 26 December 2018 the Informal Physical Evaluation Board (IPEB) found the applicant unfit for Constrictive Bronchiolitis which was determined not combat related per the AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, Block 9F but incurred in the combat zone.  While Block 15 attributed his condition to inhalation exposures while deployed to Afghanistan in 2014 there is no evidence the condition originated from a specific combat related event but rather prolonged burn pit exposure.  While the board agrees the applicant’s deployment and burn pit exposure probably contributed to his condition, the Secretary of Defense has deemed that exposure to burn pits is not considered an instrumentality of war or a hazardous service.  Burn pits also do not direct war against an enemy, therefore, it is not considered a combat related event.

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 5 January 2021 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was 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.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2020-02612 in Executive Session on 17 March 2021:

, 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 4 April 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDD, w/atchs, dated 9 December 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 5 January 2021.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2020-02612, as required by AFI 36-2603, paragraph 4.11.9.