RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05753
COUNSEL: NONE INDICATED
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His finding of being unfit for active duty be declared void and removed from his records.
He be reinstated in the Air Force Reserve and be allowed to perform duties in a non-deployable Air Force Specialty Code (AFSC).
APPLICANT CONTENDS THAT:
He was discharged for being unfit without given the opportunity to show that he is physically fit, can perform, and exceed within several military career fields. If it is justifiable that his condition disqualified him for deployment, he is still able to train troops as a Basic Military Drill Instructor or within any other non-deployable career field.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records indicate that he enlisted in the Air Force Reserve on 27 Nov 85.
On 29 May 11, according to documentation in the applicants master personnel records, the applicant was struck by a car while riding his motorcycle, resulting in an injury to his right eye.
On 14 Aug 12, the Directorate, Health Services, determined the applicant to be medically disqualified for continued military duty in accordance with Air Force Instruction 48-123, Medical Examinations and Standards, due to poor prognosis of visual recovery.
On 1 Dec 12, the applicants squadron commander recommended that he retire due to his physical limitations which prevented him from performing the primary functions of his AFSC and to the negative impact his mobility restrictions had on the squadrons mission readiness. The wing commander concurred.
On 14 Dec 12, an AF Form 469, Duty Limiting Condition Report, was initiated that restricted the applicants duty and mobility from 14 Dec 12 through 14 Dec 13. Specifically, he was required to undergo a Medical Evaluation Board (MEB) to determine his medical fitness for continued worldwide duty and retention.
On 8 Mar 13, the Informal Physical Evaluation Board (IPEB), determined the applicant to be unfit to perform his duties and continue his service. Specifically, his current condition limitations, particularly in deployed conditions, imposed unacceptable health and safety risk to himself and does not meet Air Force mission needs or objectives.
On 19 Jun 13, the Formal Physical Evaluation Board (FPEB) determined the applicant was unfit to perform his duties due to the major trauma to his right eye. He was limited to administrative duties only.
On 28 Jul 13, the applicant rebutted the findings of the FPEB. He argued his capabilities to continue his performance in any assigned career field deemed as non-deployable.
On 26 Aug 13, the Personnel Board of the Secretary of the Air Force Personnel Council (SAFPC) reviewed the applicants case and determined him to be unfit for continued military duty on the basis of his right eye conditions.
On 12 Sep 13, SAFPC reviewed the applicants request for consideration to delay his separation. In support of his request, the Board reviewed letters submitted from the applicant and his counsel. SAFPC determined the letters did not represent newly discovered relevant evidence and therefore was not impelled to reconsider the applicants case and maintained their original determination that the applicant was unfit for continued military duty.
On 16 Oct 13, the applicant was relieved from his current assignment in the grade of master sergeant and transferred to the retired reserve to await reserve retired pay at age 60. He was determined to be physically disqualified for active duty and eligible for retirement except for attainment of eligibility age.
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 attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPFD recommends denial. The preponderance of evidence reflects that no error or injustice occurred during the applicants disability process.
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 12 Sep 14 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. 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 of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
4. The applicants case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.
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-2013-05753 in Executive Session on 18 Nov 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFD, dated 7 Feb 14.
Exhibit D. Letter, SAF/MRBR, dated 12 Sep 14.
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