RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02818
INDEX CODE: 108.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214 be corrected to reflect he is entitled to receive ten
percent disability compensation.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His AF Form 356, Findings and Recommended Disposition of USAF Physical
Evaluation Board, and AF Form 1180, Action on Physical Evaluation
Board Findings and Recommended Disposition, state he should receive
ten percent disability. However, he is not receiving any compensation
due to an error on his DD Form 214.
In support of his request, the applicant submits copies of his DD Form
214, AF Form 356 and AF Form 1180. The applicant’s complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Regular Air Force on
9 December 1998 for a period of six years in the grade of airman basic
(E-1). He was progressively promoted to the grade of senior airman (E-
4), with an effective date and date of rank of 22 May 2001.
A Medical Evaluation Board (MEB) was convened on 16 January 2004 and
their diagnosis and findings were: Non-Union of left first
Meratarsophalangeal Arthrodesis, with 27 March 2003 as the approximate
date of origin. The MEB recommended referral to the Informal Physical
Evaluation Board (IPEB).
On 5 February 2004, an Informal Physical Evaluation Board (IPEB)
convened and established a diagnosis of Non-Union left first
Metatarsophalangeal Arthrodesis. The IPEB found the applicant unfit
because of physical disability and recommended discharge with
severance pay, with a disability compensable rating of ten percent.
On 11 February 2004, the applicant disagreed with the findings and
recommended disposition of the IPEB and requested a Formal PEB (FPEB).
On 7 April 2004, the FPEB convened and established the same diagnosis
as the IPEB. The FPEB recommended the applicant be discharged with
severance pay, with a compensable disability rating of ten percent.
The applicant indicated his disagreement with the findings and
recommended disposition of the FPEB and did not desire to submit a
rebuttal.
On 1 June 2004, the applicant was honorably discharged under the
provisions of AFI 36-3208 (disability, with severance pay). He had
completed a total of 5 years, 5 months and 23 days and was serving in
the grade of senior airman (E-4) at the time of discharge. The
applicant’s DD Form 214, Section 18 (Remarks), reveals he received
disability severance pay in the amount of $13,605.74.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD recommends the application be denied. DPPD states the
applicant is not entitled to receive a ten percent monthly disability
compensation since he received a lump sum payment. He would have to
be rated at 30 percent or more to be considered for a temporary or
permanent disability compensation (retirement). The preponderance of
evidence reflects no error or injustice occurred during the process to
separate the applicant. In accordance with the provisions of military
disability laws and policy, proper documentation of his disability
separation was noted on his DD Form 214. The HQ AFPC/DPPD evaluation
is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 8
October 2004 for review and response. 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, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt the rationale expressed as
the basis for our decision that the applicant has failed to sustain
his burden that he has suffered either an error or an injustice.
Applicant’s DD Form 214 reveals he received a disability discharge
with severance pay in the amount of over $13,000.00 on 1 June 2004.
Inasmuch as he received a lump sum payment (severance pay) and the
severity of his condition was not assigned a compensable rating of at
least 30%, by law, the applicant is not entitled to receive monthly
disability compensation from the Department of Defense. In view of
the above and absent evidence to the contrary, we find no compelling
basis to recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that 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 this application in
Executive Session on 2 December 2004, under the provisions of AFI 36-
2603:
Ms. Marilyn M. Thomas, Vice Chair
Mr. Gregory A. Parker, Member
Ms. B. J. White-Olson, Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2004-02818.
Exhibit A. DD Form 149, dated 18 Sep 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 28 Sep 04.
Exhibit D. Letter, SAF/MRBR, dated 8 Oct 04.
MARILYN M. THOMAS
Vice Chair
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