RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00406
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His narrative reason for separation on his DD Form 214,
Certificate of Release or Discharge from Active Duty, be
corrected from Disability Existed Prior to Service - Physical
Evaluation Board (PEB) to Disability Temporary.
APPLICANT CONTENDS THAT:
His narrative reason for separation is in error as there is no
evidence to support this statement.
He currently has a Department of Veterans Affairs (DVA) claim
being processed. The main objective is to have his diagnosis
reversed so he can continue to exercise his rights as a private
pilot and to eliminate the stigma so that he can continue with
his career opportunities.
In support of his request, the applicant has submitted
substantial evidence that a disability did not exist prior to
service and does not exist now. The cover letters attached to
each document contain personal statements and explanations.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 23 Aug
11.
On 10 Jan 12, the Informal Physical Evaluation Board (PEB)
concluded the applicant was unfit because of a physical
disability and recommended discharge.
On 11 Jan 12, the applicant agreed with the findings and
recommended disposition of the informal PEB and waived his
rights to a formal PEB hearing.
On 20 Jan 12, the Special Assistant, Secretary of the Air Force
Personnel Council directed the applicant be separated from
active service for physical disability due to a condition that
existed prior to service.
On 25 Jan 12, the applicant was furnished an Honorable
discharge, and was credited with 5 months, and 3 days of active
service.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPFD recommends denial indicating there is no evidence of
an error or an injustice. On 11 Jan 12 the applicant concurred
with the PEB findings. It should be noted that he did not
exercise his two appeal rights to have his case heard by the
Formal Board or the Secretary of the Air Force Personnel
Council.
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 15 Sep 14 for review and comment within 30 days
(Exhibit D). 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 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.
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-2014-00406 in Executive Session on 13 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPFD, dated 1 May 14.
Exhibit D. Letter, SAF/MRBR, dated 15 Sep 14.
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