RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00873

xxxxxxxxxxxxx	COUNSEL: NONE
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

Special Order Number XXXXX, dated 21 Oct 20, “Disability received in line of duty, as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war” be changed from “No” to “Yes.”

APPLICANT’S CONTENTIONS 

Due to the fact that 90 percent of his rated disabilities were service connected, his retirement orders should reflect that his disability was received in line of duty (ILOD), as a direct result of armed conflict or caused by an instrumentality of war and incurred ILOD during a period of war.

In support of his request, the applicant provides a copy of AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 14 Sep 20.  Section 10D of the form, “Disability was incurred ILOD in time of war or national emergency or after 14 Sep 78 reflects “Yes.” 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

Per Special Order XXXXXX, dated 29 Apr 19, the applicant was placed on the Temporary Disability Retired List (TDRL).

On 14 Sep 20, the Informal Physical Evaluation Board (IPEB) recommended the applicant be removed from TDRL and permanently retired with a disability rating of 90 percent.  Block 10D of the form is marked “Yes” which denotes the disability was incurred ILOD in time of war or national emergency or after 14 Sep 78.  In Block 10E, the form is marked “No” which denotes the disability was not incurred in a combat zone or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense.

On 7 Oct 20, the applicant concurred with the IPEB’s findings and recommended disposition.

On 8 Oct 20, the Secretary of the Air Force directed the applicant be permanently retired under the provisions of 10 U.S.C. 1201, with a compensable percentage for physical disability of 90 percent. 
On 10 Nov 20, per XXXXXX, dated 21 Oct 20, the applicant was removed from the TDRL and retired with a 90 percent compensable percentage for physical 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/DPFDC recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence an error or injustice occurred during the processing of the applicant’s medical case.    There are only two areas on the AF Form 356 that will direct a “Yes” on a TDRL order:

	1.  Block 9F, Combat Related Determination as Defined in 26 USC 104

		A – For direct results of armed conflict
		I – For direct result of instrumentality of war
		S – For duty under conditions simulating war
		H – For while engaged in hazardous service
		No – If not combat related 
		
	2.  Block 10E, will indicate either “Yes” or “No.”  Yes - if member meets combat-related eligibility or Not combat-related, Yes Combat Zone. 

According to the applicant’s AF Form 356, both areas as discussed previously are marked “No,” therefore, Special Order XXXXXX is correct.  

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 4 May 21 for comment (Exhibit D) but has received no response.

ADDITIONAL AIR FORCE EVALUATION

On 2 Aug 21, the Board staff requested AFPC/DPFDC review their previous advisory, as it failed to address the purpose of marking block 10D “Yes” on the applicants Air Force Form 356, dated 14 Sep 20. 

In a memorandum dated 2 Aug 21, AFPC/DPFDC still recommends denial, indicating that for a member to be eligible to meet the Integrated Disability Evaluation System (IDES) process, their condition(s) must have been ILOD, as all AF Form 356 will have this block marked as a “Yes.” 

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the additional advisory opinion to the applicant on 2 Aug 21 for comment (Exhibit F), 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/DPFDC and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, there is no evidence that the applicant’s disabilities were incurred as a direct result of armed conflict or caused by an instrumentality of war.  The reason the applicant’s AF Form 356 has a “Yes” in block 10D is because his disabilities were determined to be ILOD and occurred in time of war or national emergency or after 14 Sep 78.  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-2021-00873 in Executive Session on 18 Aug 21 and 3 Sep 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 25 Oct 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 4 May 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 4 May 21.
Exhibit E: 	Updated Advisory opinion, AFPC/DPFDC, dated 2 Aug 21.
Exhibit F:	Notification of updated advisory, SAF/MRBC to applicant, dated 2 Aug 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.