AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-03317 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

 
 
IN THE MATTER OF: 
 
      
 
     
 
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His official records be corrected to show that he was medically 
retired from active duty.  
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He was forced to accept the findings and recommendations of his 
Medical Evaluation Board (MEB) even though he did not agree with 
them.    He  was  given  the  MEB  results  and  was  told  to  make  a 
decision  about  whether  he  would  accept  the  findings  and 
recommendations in a matter of days.  He wanted to challenge the 
MEB results through the normal process, but was unable to get a 
waiver  from  taking  his  Fitness  Assessment  (FA),  which  he  could 
not pass due to his injury.  His supervisor and commander told 
him  if  he  failed  another  FA  he  would  be  separated  with  a  Bad 
Conduct  Discharge  (BCD),  so  he  felt  he  had  to  accept  the  MEB 
results.   
 
The applicant’s complete submission is at Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant initially entered the Air Force on 24 Sep 02, and 
was progressively promoted to the rank of Staff Sergeant. 
 
On  2  Feb  10,  the  applicant  submitted  a  Letter  of  Exception  to 
AFPC/DPAMM,  outlining  his  medical  issues  and  requesting  he  be 
medically  separated,  stating  in  part,  “after  the  past  year  of 
issues  with  my  PT  test  and  with  the  constant  pain  I  was  in 
training and still not passing my PT test, I don’t feel like I 
will  be  able  to  continue  to  be  a  productive  member  of  the  Air 
Force.”  
 
On  8  Jul  10,  the  applicant  met  an  Informal  Physical  Evaluation 
Board (IPEB) due to recurring knee pain in both knees associated 
with patellofemoral pain syndrome and decreased range of motion.  
The  remarks  section  of  the  IPEB  findings  stated  “The  service 

member  has  a  medical  condition  which  prevents  him  from 
reasonably performing the duties of his office, grade, rank, or 
rating.    Duty  restrictions  include  no  running  or  prolonged 
walking.    (The  physician)  states  the  prognosis  is  poor;  the 
service member has had knee pain for four years; and he has had 
no  relief  with  multiple  knee  injections,  physical  therapy  and 
bracing.  The commander states the service member’s inability to 
pass the fitness test and remain fit-to-fight is not in keeping 
with  today’s  warrior  Airman.”    The  IPEB  found  the  applicant 
unfit and recommended his discharge with a disability rating of 
20% and severance pay. 
 
On 20 Jul 10, the applicant initialed the following statement on 
his  AF  Form  1180,  Action  on  IPEB  Finding  and  Recommended 
Disposition,  “I  agree  with  the  findings  and  recommended 
disposition of the IPEB and am waiving the right to a formal PEB 
hearing.”    
 
On  21  Jul  10,  the  Secretary  of  the  Air  Force  directed  the 
applicant  be  separated  from  active  service  with  severance  pay 
for physical disability.  
 
On  27  Sep  10,  the  applicant  was  discharged  for  disability  with 
severance  pay,  issued  an  honorable  discharge  certificate,  and 
credited with eight years and four days of active service.   
 
The remaining relevant facts pertaining to this application are 
described  in  the  letter  prepared  by  the  Air  Force  office  of 
primary responsibility, which is included at Exhibit C.   
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSD  recommends  denial,  indicating  that  there  is  no 
evidence of an error or injustice.  The applicant did not submit 
any  new  additional  medical  evidence  to  support  his  contention.  
While the applicant disagreed with the IPEB’s recommendation, he 
could have appealed to have his case reviewed by both a Formal 
PEB  and,  if  necessary,  to  the  Secretary  of  the  Air  Force 
Personnel 
and 
finalization.    The  applicant  did  not  exercise  these  rights  of 
appeal.    In  addition,  the  member’s  Letter  of  Exception,  dated 
2 Feb  10,  stated:  “After  thinking  for  a  long  time  about  what 
would  be  best  for  myself,  my  family,  and  the  Air  Force  I  have 
decided that I would like to be medically separated.” 
 
A complete copy of AFPC/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  27  Aug  12  for  review  and  comment  within  30  days.  

(PERSCOUNCIL) 

Council 

for 

their 

review 

 

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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  applicant’s  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  relief  sought  in  this 
application.   
 
4.  The applicant’s 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. 
 
________________________________________________________________ 
 
 

 

 

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  Panel Chair 
  Member 
  Member 

The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-03317  in  Executive  Session  on  12  Mar  13,  under 
the provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary was considered: 
 
 
 
 
 
 
 
 
 
                                     
                                   Panel Chair 
 

Exhibit A.  DD Form 149, dated 16 Jul 12. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFPC/DPSD, dated 20 Aug 12. 
Exhibit D.  Letter, SAF/MRBR, dated 27 Aug 12.  

 

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