RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04263
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His combined disability rating of 30 percent be increased to
50 percent.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was assigned a disability rating of 30 percent as a result of
a Medical Evaluation Board (MEB) in August 2005. He was under
the impression the referenced percentage was a result of his
Department of Veterans Affairs (DVA) disability rating and not
the MEB. His representative, a major in the Air Force, did not
explain that was the percentage used to establish his pay. Upon
completing the MEB, he spoke with a civilian in customer service
who explained the results of the MEB was just a percentage and
that his pay could not be less than 50 percent of his retirement
pay. Had he realized the implications of the 30 percent
disability rating, he would have appealed the decision.
He was poorly represented by counsel and misinformed by the
customer service representative about the retired percentage.
He would not have accepted a 30 percent disability rating. This
has caused him a great deal of stress to the point that he has
lost his home and marriage. He requests the Boards
understanding.
In support of the appeal, the applicant submits a personal
statement, copies of his medical records and a copy of his DVA
appeal decision.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is a former member of the Air Force Reserves.
Pursuant to a Formal Physical Evaluation Board, he was placed on
the permanently disability retired list in the grade of master
sergeant on 7 September 2005 with a combined disability rating
of 30 percent.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force which is located at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. The Informal Physical Evaluation
Board (IPEB) recommended the applicant be discharged with
severance pay with a 10 percent disability rating. The
applicant non-concurred and requested a formal hearing with
counsel. On 2 August 2005, the Formal Physical Evaluation Board
(FPEB) reviewed the case and recommended he be permanently
retired with a 30 percent disability rating. The applicant
concurred with the findings the same day.
Retirement pay is based on either disability percentage or years
of service, whichever is greater. The applicant had 7.34 years
of service at the time of separation, therefore, his retirement
pay should have been calculated based on the 30 percent
disability rating. It is noted that he was incorrectly coded as
being placed on the Temporary Disability Retired List which
resulted in him being paid under the wrong law. AFPC recommends
the applicant submit a waiver to the Defense Accounting and
Finance Service for the overpayment.
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 30 May 2012, for review and comment within 30 days
(Exhibit D). 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 injustice regarding the
processing of the applicants disability rating. We took notice
of the applicant's complete submission and the available
evidence of record 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. 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-2010-04263 in Executive Session on 17 July 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Mar 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 16 May 12.
Exhibit D. Letter, SAF/MRBR, dated 30 May 12.
Panel Chair
AF | BCMR | CY2011 | BC-2011-04450
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04450 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His 20 percent disability rating received at the time of his separation, be changed to a 75 percent disability rating in accordance with the Congressional Order to review any service members generated disability rating of 20 percent or less...
AF | BCMR | CY2009 | BC 2009 00790
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00790 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His disability rating for his permanent disability retirement be changed from 30 percent to 60 percent. The counsels rebuttal is at Exhibit E. ___________________________________________________________________ BCMR MEDICAL CONSULTANT EVALUATION: The...
AF | BCMR | CY2011 | BC-2011-04514
The IPEB reviewed his case and found the applicant unfit for continued military and recommended discharge with severance pay with a disability rating of 10 percent for a diagnosis of Anxiety Disorder, NOS. The complete DPSD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He does not understand how his PTSD diagnosis would be blatantly ignored when two separate professional mental health...
AF | BCMR | CY2011 | BC-2011-02719
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02719 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His permanent compensable disability rating of 30 percent should be increased to 50 percent and made retroactive to his retirement date. ________________________________________________________________ STATEMENT OF FACTS: Based on the available...
AF | BCMR | CY2012 | BC-2012-01117
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-01117 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: His removal from the Temporary Disability Retired List (TDRL) and discharge with entitlement to disability severance pay, effective 8 September 2010, be changed to a permanent retirement with a minimum 40 percent disability rating. The DPSD complete...
AF | BCMR | CY2010 | BC-2010-02701
Further, it must be noted the service disability boards must rate disabilities based on the individual's condition at the time of evaluation. After using these functional capabilities to determine the individuals level of impairment in social and industrial/occupational environments, a mental condition will then be characterized as mild, definite/moderate, considerable, severe, or total; with a disability rating of 10, 30, 50, 70 or 100 percent. The complete AFBCMR Medical Consultant...
AF | BCMR | CY2011 | BC-2011-04632
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04632 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His disability rating from the Air Force of 10 percent be increased to 30 percent and he receive a permanent retirement. Had the DVA initially evaluated him at 30 percent or if the FPEB waited until the DVA processed his appeal, the increased...
AF | BCMR | CY2008 | BC-2008-01249
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01249 INDEX CODE: 108.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was promoted to the grade of Technical Sergeant (E-6) effective and with a date of rank of 1 Apr 05, and medically retired in the grade of E-6. He appealed this decision to the FPEB, at which...
AF | BCMR | CY2010 | BC-2010-04738
His records be corrected to show that he was retired for physical disabilities and provided a 100 percent combined compensable disability rating rather than medically discharged with severance pay. On 31 Aug 07, the Formal Physical Evaluation Board (FPEB) reviewed the case file and recommended a combined compensable disability rating of 20 percent. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number...
AF | BCMR | CY2009 | BC-2008-01816
The FPEB recommended permanent disability retirement with a 10% disability rating. The BCMR Medical Consultant’s complete evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: In response to the AFPC/DPSD evaluation, counsel responds that the applicant’s rating has to be based on the rating criteria, in other words, the DVA rating chart, rather than pulling a percentage of out thin air and applying it to...