RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02253 

COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Block #28 of his DD Form 214, Certificate of Release or Discharge 
from Active Duty, be changed from “Disability, Existed Prior to 
Service” to “Disability, Incurred during Service.” 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

While serving as an Air Force Cadet at the United States Air 
Force Academy (USAFA), he incurred a spine injury that ultimately 
led to his discharge. An Informal Physical Evaluation Board 
(IPEB) determined in 2005 that he was no longer physically 
capable to serve in the Air Force. His spine injury occurred in 
June 2003 and he received numerous forms of treatment at the 
USAFA and continued to receive treatment at Patrick Air Force 
Base. His medical records reflect his injury was in the line of 
duty while he was a cadet at the USAFA. As such, his injury, and 
his resulting disability, occurred during his service in the Air 
Force. It did not exist prior to service as his DD Form 214 
incorrectly states. 

 

The applicant does not provide any evidence in support of his 
appeal. 

 

The applicant’s complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letters prepared by Air Force offices of primary 
responsibility. Accordingly, there is no need to recite these 
facts in this Record of Proceedings. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial. DPSD states the applicant was 
referred to the IPEB on 17 May 2005, for chronic mechanical low 
back pain, existed prior to service without service aggravation. 
The applicant’s letter of exception, dated 30 March 2005, noted 


that he sustained the injury to his back in June 2003 while as a 
cadet at the USAFA, and while working as a program director for 
Sports Camp. The IPEB noted that his injury was incurred while 
he was a member of the Reserve Forces and not while he was on 
active duty. The IPEB found the applicant unfit and recommended 
he be discharged under the provisions of other than Chapter 61, 
Title 10, United States Code (USC). On 25 May 2005, the 
applicant concurred with the findings and recommendation, and his 
date of separation was established as 11 July 2005. He served 
one year, one month, and ten days on active duty. 

 

DPSD indicates the preponderance of evidence reflects that no 
error or injustice occurred during the disability process or at 
the time of his separation. The applicant’s request to amend or 
change his DD Form 214 would be in violation of Air Force 
Instructions and is not authorized. 

 

The complete DPSD evaluation is at Exhibit C. 

 

AFPC/JA recommends denial. JA states that in June 2003 the 
applicant sustained an injury to his spine. After extensive 
treatment, he graduated from the USAFA and was commissioned a 
second lieutenant on 2 June 2004. His treatment continued after 
his commissioning, and eventually he entered the Disability 
Evaluation System (DES). On 17 May 2005, the IPEB found the 
applicant unfit for military service because of “Chronic 
Mechanical Low Back Pain.” The IPEB further established the 
condition existed prior to service and was not aggravated by 
military service. 

 

JA indicates that Title 10 USC, Section 1217, Chapter 61 states 
the following: “This chapter [meaning Chapter 61, which covers 
military disability benefits] applies to cadets at the United 
States Military Academy, the United States Air Force Academy, and 
the United States Coast Guard Academy and midshipmen of the 
United States Naval Academy, but only with respect to physical 
disabilities incurred after October 28, 2004.” Clearly the law 
specifically disallows granting Chapter 61 benefits to Academy 
cadets for injuries before 29 October 2004. The language of the 
IPEB, “existed prior to service,” simply indicates the 
applicant’s injury occurred before he was entitled to military 
disability benefits under Chapter 61. Since the applicant 
himself acknowledges the injury occurred in 2003, there is no 
error for the Board to correct. This applicant was treated 
exactly like all others in his circumstances. He suffered no 
injustice; therefore, there is no basis for changing his records 
as requested. 

 

The complete JA evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: 

 


Copies of the Air Force evaluations were forwarded to the applicant 
on 20 August 2010, 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 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 an error or an injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force offices of primary 
responsibility and adopt their rationale as the basis for our 
conclusion the applicant has not been the victim of an error or 
injustice. Therefore, 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 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-2010-02253 in Executive Session on 3 March 2011, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-02253: 

 

 Exhibit A. DD Form 149, dated 14 Jun 10. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 28 Jul 10. 

 Exhibit D. Letter, AFPC/JA, dated 11 Aug 10. 

 Exhibit E. Letter, SAF/MRBR, dated 20 Aug 10. 

 

 

 

 

 

 Panel Chair