RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01937
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her administrative discharge be changed to a disability
retirement in accordance with Title 10 United States Code (USC)
§ 1207a - Members with over eight years of active service.
APPLICANT CONTENDS THAT:
She was discharged from the Air Force as a result of Formal
Physical Evaluation Board (FPEB) findings. She opted to
transfer to the Retired Reserve in lieu of discharge however;
she would now like to be processed for discharge under the
eight year rule.
In support of her request the applicant provides copies of the
FPEB findings, Administrative Discharge Notification and
ANG/USAFR Point Credit Summary.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
In a letter dated 7 February 2014, the FPEB determined the
applicant was unfit to perform the duties of her office, grade,
rank, or rating based on her diagnoses of Chronic Obstructive
Pulmonary Disease (COPD) and Bronchiectasis. The FPEB found no
objective medical evidence that her lung disease was attributed
to her deployment and that she had no pulmonary issues in the
years following her return from deployment.
On 10 February 2014, the applicant agreed with the
recommendation of the FEB and did not wish to rebut the
findings.
In a letter dated 24 February 2014, the applicant was notified
that separation action had been initiated under the authority of
AFI 36-3209, Separation and Retirement Procedures for Air
National Guard and Air Force Reserve Members, paragraph 2.16,
Physical Disqualification.
Reserve Order EK-3709 issued on 18 April 2014, assigned the
applicant to the Retired Reserve List effective 15 June 2014.
AIR FORCE EVALUATION:
AFRC/SG recommends denial. The applicants deployment history
was very distant and there is no connection in her medical
records that reveals a LOD condition, which is required before
the eight year rule can be implemented. In this case, the
COPD and bronchiectasis were not presented ILOD, either at the
AFRC level or at the PEB level. Therefore, the applicant is not
eligible for processing under the eight year rule.
The complete SG evaluation is at Exhibit C.
The BCMR Medical Consultant recommends denial. In accordance
with DoDI 1332.38, Physical Disability Evaluation, Enclosure 2,
paragraph E2.1.20, Non-duty Related Impairments are impairments
of members of the Reserve components that were neither incurred
nor aggravated while the member was performing duty, to include
no incident of manifestation while performing duty which raises
the question of aggravation. Members with non-duty related
impairments are eligible to be referred to the PEB for solely a
fitness determination, but not a determination of eligibility
for disability benefits.
The eight year rule applies to individuals found unfit by a
PEB for a pre-existing medical condition while serving on active
duty at the time the condition became unfitting or
disqualifying. DoDI 1332.18, Disability Evaluation System, also
addresses LODs and the application of the eight year rule. A
Reserve component member would need to be serving a period of
more than 31 days [active service] at the time he or she was
found unfit or disqualified. A preexisting condition is deemed
to have been incurred while entitled to basic pay and will be
considered for purposes of determining whether the disability
was incurred in the LOD when the Service member is ordered to
active duty for more than 30 days.
Collectively considering the fact the applicants final two
years of service indicate she served consecutive periods of less
of than 30 days [from 14 June 2011 to 13 June 2012 and from
14 June 2012 to 13 June 2013], the fact that she became
medically disqualified while not ordered to active duty for more
than 30 days, and the lack of medical evidence of an intervening
respiratory impairment during the years [2006-2010] immediately
following her final deployment to Iraq, the eight year rule
would not apply. Therefore, the applicant has not met the
burden of proof of error or injustice that warrants the desired
change of the record.
The complete Medical Consultants evaluation is at Exhibit D.
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 9 January 2015, copies of the Air Force and BCMR Medical
evaluations were forwarded to the applicant for review and
comment within 30 days. As of this date, no response has been
received by this office (Exhibit E).
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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinions and
recommendations Air Force and BCMR Medical evaluations and adopt
the rationale expressed as the basis for our conclusion the
applicant has not been the victim of an error or injustice.
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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 BC-2014-
01937 in Executive Sessions on 12 March 2015, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2014-
01937 was considered:
Exhibit A. DD Form 149, dated 6 May 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/SG, dated 27 June 2014.
Exhibit D. Letter, BCMR Medical Consultant, dated
23 December 2014.
Exhibit E. Letter, SAF/MRBR, dated 9 January 2015.
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