RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02837

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His narrative reason for separation be changed to show he 
was released from active duty due to being placed on the 
Temporary Disability Retired List (TDRL), rather than release 
due to demobilization.

2.  His records be corrected to reflect his service connected 
disability of ulcerative colitis be assessed as combat related 
in order to qualify for compensation under the Combat Related 
Special Compensation (CRSC) Act.

________________________________________________________________

APPLICANT CONTENDS THAT:

1.  His DD Form 214 states he was released due to 
demobilization.  However, he was actually released due to being 
placed on the TDRL.

2.  His medical condition was incurred in the line of duty (LOD) 
and was a direct result of armed conflict and/or caused by an 
instrumentality of war.  His AF Form 100, Request and 
Authorization for Separation, stated his disability was received 
in the LOD during a period of war and that the disability was 
result of combat related injury.  The AF Form 100 states what he 
went through in Iraq.  His AF Form 356, Findings and Recommended 
Disposition of the USAF Physical Evaluation Board, states his 
disability was incurred in the LOD in time of war or national 
emergency or after 14 Sep 78 and that the disability was not 
incurred in a combat zone or incurred performance duty in 
combat-related operations.  He did not have any symptoms prior 
to being deployed.  He believes his medical condition was the 
result of the environment, events while in Iraq, and is the 
direct result of hazardous service and the conditions of war.

In support of his appeal, the applicant provides an expanded 
statement, copies of his DD Forms 214; NGB Form 22, Report of 
Separation and Record of Service; AF Form 100, Findings and 
Recommended Disposition of USAF Physical Evaluation Board; and 
various documents related to this matter.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 4 Apr 04, the applicant commenced his enlistment with the 
Ohio Air National Guard (ANG).  

On 1 Sep 06, the applicant was ordered to active duty in support 
of OPERATION IRAQI FREEDOM.

In accordance with DoD Instruction 1241.2, paragraph 6.6.3.2, a 
Reserve component member on active duty under a call or order to 
active duty specifying a period of 31 days or more, who incurs 
or aggravates an injury, illness, or disease in the LOD shall, 
with the member's consent, be continued on active duty upon the 
expiration of call or order to active duty until the member is 
determined fit for duty or the member is separated or retired as 
a result of a Disability Evaluation System (DES) determination.

In accordance with AFI 36-3212, Reserve Component members who 
incur or aggravate an injury, illness or disease in the LOD 
while on orders for more than 30 days are not involuntarily 
released from those orders until final disposition of their 
disability case.  These members' entitlement to full pay and 
allowances and benefits continue to the same extent provided by 
law or regulation to regular component members.

On 22 Feb 07, an LOD determination was initiated for the 
applicant’s Crohn’s disease.  On 25 Mar 07, the applicant’s LOD 
was determined to be in the LOD.

On 6 Apr 07, according to the applicant’s DD Form 214, he was 
released from active duty with a narrative reason for separation 
of “demobilization.”

On 8 Jun 07, the applicant underwent a Medical Evaluation Board 
(MEB).  The MEB referred his case to the Informal Physical 
Evaluation Board (IPEB).

On 17 Aug 07, the IPEB reviewed the applicant’s case and 
recommended placement on the TDRL with a 30 percent disability 
rating for his inflammatory bowel disease most likely ulcerative 
colitis.  The IPEB noted the applicant’s medical condition was 
incurred in the LOD in a time of war or national emergency or 
after 14 Sep 78, but that it was not incurred as a direct result 
of armed conflict or caused by an instrumentality of war, nor 
was it the result of a combat related injury.  

On 29 Aug 07, the applicant concurred with the findings and 
recommendation of the IPEB.

On 24 Oct 07, an AF Form 100, Request and Authorization for 
Separation, was published and, contrary to the IPEB findings, 
indicated the applicant’s disability was a direct result of a 
combat related injury as defined in 26 USC 104.

On 25 Oct 07, the applicant was placed on the TDRL with a 
combined compensable disability rating of 30 percent.  According 
to his retirement orders and consistent with the IPEB’s 
findings, his disability was not received in the LOD as a direct 
result of armed conflict or caused by an instrumentality of war 
and incurred during a period of war.

On 4 May 09, the applicant underwent an TDRL reevaluation.  The 
IPEB recommended the applicant remain on the TDRL with a 30 
percent disability rating.  The IPEB noted the applicant’s 
medical condition had not stabilized; he continued to be 
symptomatic, and required medical therapy.

On 23 Dec 10, the applicant underwent a second TDRL reevaluation 
and the IPEB again recommended retention on the TDRL.  The IPEB 
noted that since his last TDRL reevaluation the applicant had a 
semi-elective colectomy with end ileostomy.  It was further 
noted the applicant passes blood from his rectal stump daily and 
is anticipating undergoing another surgery.

On 12 Jun 12, the applicant underwent his third TDRL 
reevaluation.  The IPEB reviewed his case and recommended 
removal from the TDRL and permanent retirement for physical 
disability with a 40 percent disability rating.  On 8 Jul 12, 
the applicant concurred with the findings and recommendation of 
the IPEB.  

On 8 Aug 12, the applicant was removed from the TDRL and 
permanently retired with a 40 percent disability rating.

On 21 Aug 13, the applicant was notified his DD Form 214, dated 
6 Apr 07, will be administratively corrected to change Block 
12b, Separation Date This Period, from 6 Apr 07 to 24 Jul 07, 
due to his release for demobilization.  The governing 
instruction indicates the narrative reason for separation should 
reflect the service member’s status as of the separation date 
for the period in question.  The applicant’s points history 
indicates he was demobilized on 24 Jul 07, therefore, his 
narrative reason for separation accurately reflects release due 
to demobilization.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFD recommends denial indicating there is no evidence of 
an error or an injustice.  The applicant contends his ulcerative 
colitis was combat related due to his duties while deployed to 
Iraq.  There is no evidence showing the applicant’s medical 
condition was caused by any particular stressors of 
combat.  Furthermore, the medical condition does not meet 
the criteria for combat relation due to performance of duties.  
The applicant did not provide any new medical evidence for 
the Board during any of his TDRL re-evaluations.  Therefore, 
since his medical condition was not deemed combat related his 
AF 356 is appropriately annotated.

The CRSC program was established to provide compensation certain 
retirees with combat-related disabilities that qualify under the 
criteria set form in Title 10, U.S.C., Section 1414a.  If the 
former service member fails to satisfy the preliminary CRSC 
criteria, no further consideration by their service department 
is required and the claim will be denied.

Under current CRSC guidelines, the service member is required to 
meet the following basic eligibility requirements (a) received 
military retirement pay, (b) have disabilities rated at least 10 
percent by DVA, and (c) submit a signed claim for Combat-Related 
Special Compensation.

In order for a disability to be determined as combat-related, 
there must be objective documentary evidence that the disability 
is the direct result of a combat event or events or performance 
of duty simulating war or caused by hazardous service or an 
instrumentality of war.

A complete copy of the AFPC/DPFD 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 18 Oct 13 for review and comment within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.

________________________________________________________________

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 applicant’s claim that his ulcerative colitis was combat 
related or the result of an instrumentality of war.  While the 
applicant contends this condition was the direct result of armed 
conflict and caused by an instrumentality war and provides a 
copy of his AF Form 100 published by his Air National Guard 
(ANG) unit in support of his assertion, we do not find this 
document, in and of itself, sufficient to conclude that 
corrective action is warranted.  In this respect, we note that 
the Informal Physical Evaluation Board (IPEB) reviewed the 
applicant’s case on four separate occasions, once prior to his 
initial transfer to the temporary disability retired list (TDRL) 
and during three separate TDRL re-evaluations, and determined 
that the applicant’s condition was not combat related or the 
result of an instrumentality of war.  Therefore, in view of 
these facts, we find it much more likely than not that the 
remarks cited by the applicant on his AF Form 100, in the face 
of four separate findings to the contrary by the IPEB, represent 
an administrative error on the part of his ANG unit when 
publishing the AF Form 100.  Therefore, in the absence of any 
evidence that the IPEB’s determinations on this point were 
somehow erroneous, we find no basis to recommend correcting the 
applicant’s records to reflect that the conditions which 
ultimately caused his disability retirement were the result of 
combat or an instrumentality of war.

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error or 
injustice with respect to the applicant’s narrative reason for 
separation as reflected on his DD Form 214.  The applicant 
contends that his narrative reason for separation should reflect 
that he was transferred to the TDRL, rather than released from 
active duty due to demobilization.  After a thorough review of 
the evidence of record and the applicant’s complete submission, 
we agree.  In this respect, we note that the governing Air Force 
and Air Force Reserve instructions indicate that Reserve members 
such as the applicant who, while on active duty for more than 30 
days, incur an unfitting condition in the line of duty (LOD) 
will be retained on active duty for the purposes of medical 
continuation (MEDCON) until they are either found fit for duty 
or separated through the disability evaluation system (DES).  As 
it is clear the applicant was processed under the DES, was found 
unfit, and ultimately transferred to the TDRL, we believe it 
appropriate to correct his records to reflect that he was 
retained on active duty for the purposes of MEDCON until his 
transfer to the TDRL and that the Narrative Reason for 
Separation reflected on his DD Form 214 also be corrected to 
reflect he was released from active duty due to his transfer to 
the TDRL, instead of for demobilization.  Therefore, we believe 
it appropriate to recommend the applicant’s records be corrected 
to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that:

	   a.  He was not released from active duty on 24 July 2007, 
but on that date, he continued to serve on active duty for the 
purposes of medical continuation (MEDCON) until 24 October 2007, 
when he was released from active duty and transferred to the 
Temporary Disability Retired List (TDRL), effective 25 October 
2007.

     b.  The narrative reason for separation listed on his DD 
Form 214, Certificate of Release or Discharge from Active Duty, 
be corrected to reflect “Disability – Temporary,” instead of 
“Demobilization.”

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-02837 in Executive Session on 18 Mar 14 and 
16 Apr 14, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 6 Jun 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPFD, dated 3 Jul 13.
	Exhibit D.  Letter, SAF/MRBR, dated 18 Oct 13.




                                   
                                   Panel Chair
                                    




DEPARTMENT OF THE AIR FORCE 
WASHINGTON DC 



Office of the Assistant Secretary


AFBCMR BC-2013-02837




MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for 
Correction of Military Records and under the authority of Section 1552, Title 10, United States 
Code it is directed that:

	The pertinent military records of the Department of the Air Force relating to         ,       , 
be corrected to show that: 

		a.  He was not released from active duty on 24 July 2007, but on that date, he 
continued to serve on active duty for the purposes of medical continuation (MEDCON) until 
24 October 2007, when he was released from active duty and transferred to the Temporary 
Disability Retired List (TDRL), effective 25 October 2007.

		b.  The narrative reason for separation listed on his DD Form 214, Certificate of 
Release or Discharge from Active Duty, be corrected to reflect “Disability – Temporary,” instead 
of “Demobilization.”





                                                                            Director
                                                                            Air Force Review Boards Agency