RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01472 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His compensable disability rating of 20 percent be increased to 40 percent. ________________________________________________________________ THE APPLICANT CONTENDS THAT: Before contracting Type 1 Diabetes, he was able to do his primary duties as an aircraft loadmaster. Afterward, he was no longer able to keep his flying status because it would place undue risk upon the crew and mission. Because he was restricted in his duties, he believes his disability rating should be changed to 40 percent in accordance with the Veterans Affairs Schedule for Rating Disabilities (VASRD). In support of his appeal, the applicant provides copies of his Medical Evaluation Board/Review in Lieu of (MEB/RILO) Summary, AF Form 469, Duty Limiting Condition Report; Aeromedical Summary; Termination of Aviation Service; Commander’s Letter of Impact to the Physical Evaluation Board (PEB) and character reference letters for the PEB. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 25 Aug 09, the applicant underwent a MEB due to Diabetes Mellitus Type 1 and his case was referred to the Informal Physical Evaluation Board (IPEB). The IPEB found the applicant unfit for further military service and recommended a compensable percentage for disability of 20, with severance pay for Diabetes Mellitus Type 1, under VASRD rating code 7913. The applicant appealed this finding to the Formal PEB; however, after consulting with counsel, he waived his earlier election to demand a formal hearing. On 16 Mar 10, the Secretary of the Air Force Personnel Council (SAFPC) recommended the applicant be separated with a compensable percentage for disability of 20 and discharged with severance pay. On 28 Jul 10, the applicant was discharged from active duty, under the provisions of AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, with a compensable disability rating of 20 percent. He was credited with 3 years, 9 months, and 26 days of active duty service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPFD recommends denial, stating, in part, that the preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of separation. The applicant had no episodes of ketoacidosis or hypoglycemic reactions requiring hospitalizations. In addition, DPFD noted the differences between the Military Disability Evaluation System (MDES) and the DVA and how both systems operate under two separate laws and in concert provides complete disability evaluation of service-connected medical conditions. The complete DPFD evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 Jun 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, the applicant’s case has been reviewed by the Air Force office of primary responsibility (OPR) and we did not find the evidence provided sufficient to overcome its assessment of the case. Therefore, we agree with the OPR’s recommendation and adopt the rationale expressed as the basis for our decision that the applicant has not been the victim of an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01472 in Executive Session on 30 Jan 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Mar 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFD, dated 10 Jun 13. Exhibit D. Letter, SAF/MRBR, dated 28 Jun 13. Panel Chair