RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03166
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His current retirement order be changed to reflect that his injury was
combat-related.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was diagnosed with schizophrenia subsequent to a deployment to Fort Dix,
New Jersey. He believes that his medical condition is combat-related
because it was incurred while he was deployed to Fort Dix to participate in
an exercise. His retirement order should reflect that his injury was
combat-related.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Regular Air Force for 13 years, 5 months,
and 16 days.
On 29 March 2007, a Medical Evaluation Board (MEB) forwarded his case to an
Informal Physical Evaluation Board (IPEB) with a diagnosis of
schizophrenia.
On 1 May 2007, the IPEB found him unfit for duty with a 30 percent
permanent disability rating. It was determined that his disability was
incurred in the line of duty, not the direct result of an armed conflict or
a combat-related injury.
On 7 May 2007, the applicant's mother disagreed with the findings of the
IPEB and requested a Formal Physical Evaluation Board (FPEB).
On 20 July 2007, the FPEB agreed with the findings of the IPEB and found
him unfit for duty with a 30 percent disability rating.
On 10 September 2007, SAF/MRBP (SAF Personnel Council) conducted a
supplemental review of the IPEB and FPEB findings and concurred with the
recommendation to permanently retire the applicant with a 30 percent
disability rating.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states that block 10D on his retirement
order was correctly annotated with the word NO, reflecting that his injury
was not combat-related. Per AFR 35-4, (Physical Evaluation for Retention,
Retirement, and Separation) in order for his retirement order to be combat-
related the service member would have had to have been assigned to a
military occupation entitling him to hazardous duty pay and there is enough
evidence of record to show that extremely hazardous duty factor was
present. The FPEB determined that his condition was not combat-related
thus there was no error or injustice when his disability or retirement was
processed.
The complete DPSD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19
September 2008 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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 its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. We find no
evidence that places the applicant in a combat or hazardous situation;
therefore, we cannot determine that his injury was, in fact, combat-
related. Therefore, in the absence of 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 AFBCMR Docket Number BC-2008-
03166 in Executive Session on 5 November 2008, under the provisions of AFI
36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Garry G. Sauner, Member
Mrs. Lea Gallogly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 August 2008, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 10 September 2008.
Exhibit D. Letter, SAF/MRBR, dated 19 September 2008.
CHARLENE M. BRADLEY
Panel Chair
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