RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03224
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His records be corrected to reflect that his service-
connected disability of Schizophrenia is combat related.
2. Item 7, Years of Service Under 10 USC 1208, of his AF Form
356, Findings and Recommended Disposition of USAF Physical
Evaluation Board, be corrected to reflect he was credited with
four years total active service, instead of three.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. His disabling condition occurred as a direct result of
Hazardous Service and began when he was flying missions over
Iraq enforcing the No Fly Zone. He was awarded the Aerial
Achievement Medal for exhibiting airmanship and courage under
potentially hazardous conditions during the period of
11 September 1993 to 29 April 1994 and it was at this time that
he started hearing voices.
2. His AF Form 356 should reflect four years instead of three
as he served in the Air Force from 1 May 1991 to 28 July 1995 as
reflected on his DD Form 214, Certificate of Release or
Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate that he
enlisted in the Regular Air Force on 1 May 1991.
On 19 June 1995, the applicant was relieved from active duty and
placed on the temporary disability retired list (TDRL),
effective 29 July 1995, with a combined compensable disability
rating of 50 percent. On 22 April 1997, the Secretary of the
Air Force directed the applicant to be removed from the TDRL and
permanently retired for physical disability, with a combined
compensable disability rating of 50 percent for his non-combat
related Schizophrenia.
On 24 April 1997, the applicant was removed from TDRL and
retired in the grade of Senior Airman per Air Force Instruction
36-3212 with a compensable percentage of 50 percent for physical
disability, effective 14 May 1997. The applicant was credited
with 4 years, 2 months, and 28 days total active service for
retirement.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility (OPR) which is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDD recommends denial, indicating the preponderance of
evidence reflects that no error or injustice occurred in the
applicants disability processing. There is no evidence in the
record to show particular combat stressors as the cause of the
applicants schizophrenia, as well as, meeting the criteria for
combat relatedness due to performance of duties while engaging
in hazardous service.
The applicant was evaluated at the mental health clinic
following admission of hearing voices to a co-worker and had
been experiencing auditory hallucinations. He was diagnosed
with schizophrenia, paranoid type with considerable impairment
of social and industrial adaptability. Since his condition was
not stabilized, the Informal Physical Evaluation Board (IPEB)
recommended his placement on the TDRL with a disability rating
of 50 percent. At that time, they also found that his
disability was non-combat related. The applicant concurred with
the findings. If the applicant did not agree with the IPEBs
recommendation, he could have appeared before the Formal
Physical Evaluation Board (FPEB) represented by counsel or he
could have submitted a rebuttal and his case would have been
forwarded to the Secretary of the Air Force Personnel Council
(SAFPC) for their review and finalization. However, he did not
do so.
Finally, after a TDRL re-evaluation, the IPEB recommended the
applicant be removed from TDRL, and permanently retired with a
disability rating of 50 percent. The applicant did not concur
with IPEBs final recommendation and requested review by the
SAFPC. SAFPC directed the applicants removal from TDRL and
permanently retired him with a disability rating of 50 percent.
The applicant failed to exercise his appeal rights twice during
the process of review. The applicants disabilities were
appropriately considered for combat relatedness during the
disability evaluation process (DES) and the applicant has
provided no additional evidence beyond that which was reviewed
and evaluated during his DES processing.
A complete copy of the AFPC/DPSDD 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 11 October 2012 for review and comment within 30
days. 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 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 with respect
to the applicants request that his Schizophrenia be determined
to be combat related. We took notice of the applicants
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 (OPR) and adopt its rationale
as the basis for our conclusion the applicant has not been the
victim of an error or injustice with respect to the
determination that his Schizophrenia was not combat related. As
for his request related to the amount of active service
indicated on his AF Form 356, Findings and Recommended
Disposition of the USAF Physical Evaluation Board, we are not
convinced the applicants record is erroneous. In this respect,
we note the AF Form 356 correctly reflects that the applicant
had been credited with three years of active service at the time
the form was published. While the applicant argues that his DD
Form 214 reflects he served more than four years of active duty,
the DD Form 214 was published several months subsequent to the
AF Form 356, at which point he had served more than four years
of active duty. 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-03224 in Executive Session on 2 May 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 June 201, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDD, dated 20 September 2012.
Exhibit D. Letter, SAF/MRBR, dated 11 October 2012.
Panel Chair
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