RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02626
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 23 February 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His Separation Program Designator (SPD) be changed from KND to
JFL.
2. His narrative reason be changed to discharge by reason of physical
disability with entitlement to severance pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While performing the duties of an Aircraft Maintenance Specialist, he
incurred a physical disability while performing maintenance on an F-4E
aircraft. However, the predecessor to AFI 36-3212 was not followed,
and the predecessor to AFI 36-3208, AFR 39-10 was improperly followed.
If he were to have incurred his injury today, separation processing
would proceed under the guidance of AFI 36-3212 due to the exclusion
of physical disabilities from the provisions of AFI 36-3208, thus, in
the interest of justice, his military record should be corrected to
show a separation code of JFL, and that severance pay be granted
according to 10 USC 1203.
On 26 February 1974, he was working as an unsupervised trainee and
sustained a partial amputation/open fracture of his left small finger.
The injury was treated by a primary fusion of the distal
interphalangeal joint. The orthopedic surgeon stated that he could
not use hand tools in a safe manner, and recommended cross- training
to another career field. A Permanent Physical Profile Serial Report
was issued on 6 June 1974, with a permanent duty restriction of “No
Use of Tools with Left Hand”, and a recommendation that he be cross-
trained into a career field not requiring skilled and fine motor
movements of the left hand.
On 10 June 1974, he reported to the Homestead AFB Consolidated Base
Personnel Office (CBPO) Formal Training and On-the-job Training (OJT)
Section, and was told that in order to receive formal training in
another career field; he would have to extend his enlistment under AFM
39-4. He was further told that the only Air Force Specialty Code
(AFSC) meeting the requirements of the duty restrictions was 621X0,
but that AFSC was adequately staffed at HAFB, and was not available
except by transfer to another base. He was further told that if he
did not wish to extend his enlistment, he could request separation
under the authority of AFM 39-10. He does not know if the stated
requirement to extend his enlistment under AFM 39-4 was correct, but
he does believe that it led him to make the request under AFM 39-10.
However, this instruction was erroneously applied to his separation
because it is not to be used for separation due to physical
disability.
The proper authority for separation should have been under the
guidelines for physical evaluation for retention, retirement and
separation AFI 36-3212, and its predecessor.
In support of the appeal, applicant submits copies of his enlistment
contract, enlistment certificate and agreement, the ground accident
report, four letters, his Physical Profile Serial Report, his Personal
Data Sheet, the approval for separation, his DD Form 214, and portions
of AFI 36-3208 and AFI 36-3212.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 6 March 1973, for a
period of four years.
On 26 February 1974, applicant was working as an unsupervised trainee,
and sustained a partial amputation/open fracture on his left small
finger, while performing maintenance on an F-4E.
A Permanent Physical Profile Serial Report, dated 6 June 1974, placed
a permanent duty restriction of “No Use of Tools with Left Hand,” on
the applicant and recommended that he be cross-trained into a career
field not requiring skilled and fine motor movements of the left hand.
On 14 June 1974, he requested separation under the provisions of AFM
39-10. The discharge authority approved the separation on 3 July
1974, and the applicant was separated from the Air Force on 19 July
1974 under the provisions of AFR 39-10, Administrative Separation of
Airmen (voluntary discharge requested by member for miscellaneous
personal reasons), with an honorable discharge. He served 1 year, 4
months, and 14 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. Based on the documentation on file in
the master personnel records, the discharge was consistent with the
procedural and substantive requirements of the discharge regulation.
The discharge was within the discretion of the discharge authority.
They also defer to AFPC/DPPD concerning the applicant’s request to
change the reason for his discharge to “discharge by reason of
physical disability with entitlement to severance pay.”
A complete copy of the evaluation is at Exhibit C.
AFPC/DPPD states, the preponderance of evidence reflects the Physical
Disability Division never received a referral to the Physical
Evaluation Board (PEB) and therefore, could not have given the
applicant a medical discharge.
A copy of the evaluation, with attachments, is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Neither opinion disputes the basic fact that his military personnel
records establish that a service-connected injury occurred in the Line
of Duty, and resulted in permanent impairment and medical
disqualification from AFSC 431X1.
In addition, he provided results of a recent physical examination
conducted by the same physician who, as a major in the USAF medical
corps, performed the surgery 31 years ago.
Applicant's complete response, with attachment, is at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. Although the applicant was
medically disqualified from his Air Force specialty, he was given the
option of cross-training into another career field not requiring
skilled and fine motor movements of the left hand, provided he
extended his current enlistment a period of 20 months. However, he
indicated he did not want to cross-train into a non-technical career
field and instead chose to voluntarily separate. While the applicant
now contends, over 30 years later, that he should have been processed
for medical separation, he provides no evidence to indicate that he
was unfit for continued military service or separation at the time of
his separation. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief sought in
this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2005-02626 in Executive Session on 17 May 2006, under the provisions
of AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Mr. Grover L. Dunn, Member
Ms. Debra Walker, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2005-02626 was considered:
Exhibit A. DD Form 149, dated 16 Aug 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 7 Sep 05.
Exhibit D. Letter, AFPC/DPPD, dated 9 Sep 05, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 16 Sep 05.
Exhibit F. Letter, Applicant, dated 20 Sep 05, w/atchs.
MICHAEL J. MAGLIO
Panel Chair
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