Air Force BCMR

eps17

PEB Forum Veteran
They have not updated or posted their cases on the boards.law.af.mil with any consistency or completeness.

I really think they should post ALL of their decisions and I can attest they have not posted my favorable 70% PDRL decision from 2014 which turned on an initial 10% w/ severance medical discharge.

I filed another application in January 2017, a very simple one that could probably be administratively corrected, and they have not acknowledged receiving it or assigning me a docket number to date.

I am floored that the American public or Congress has not been able to put pressure on the Air Force to run this process better and with more transparency and accountability.

Has anyone else noticed this?
 

coshana

Registered Member
EPS17, Hi, thank you for your post. Did you apply to the BCMR or PDBR? I heard hear you can apply for a review of you DoD medboard with either, but that the BCMR was better cause they could review all conditions? Do you remember what form number you used (DD 294?). Thank you
 

eps17

PEB Forum Veteran
I did not go through the PDBR as there is a very strict eligibility window for the PDBR and my MEB did not fall into it.
 

chaplaincharlie

Staff Member
PEB Forum Lifetime Supporter
PEB Forum Veteran
Registered Member
To be eligible for PDBR review, a Veteran must have been medically separated between September 11, 2001 and December 31, 2009 with a combined disability rating of 20 percent or less, and not have been found eligible for retirement.
 

coshana

Registered Member
Here is from a Yale Law document on a discharge upgrade (NOT SPECIFIC TO MED BOARD PERCENTAGE UPGRADE), do these deadlines apply to having you medical separation upgraded too?:

Avenues for Relief in Discharge Upgrade Cases
Statute of LimitationsDischarge Review Boards (DRBs)-15 yearsBegins at the date of discharge.
Boards for Correction of Military Records (BCMRs) 3 years, waivable Begins at the date of discovery of error or injustice.
Appeals to Federal Courts-6 years, Begins at the date of DRB or BCMR decision.
Court of Federal Claims-6 years Begins at the date of discharge.

Source: https://law.yale.edu/system/files/documents/pdf/Clinics/wirac_CTdischargeUpgradeManual.pdf
 

JohnnyAirforce

Registered Member
I read that document from Yale Law. That pertains to appealing to have your records corrected. It states that this board cannot change from discharged to retired. They don’t have that authority. But I’m no lawyer so I don’t know for certain.
 

euphonix

PEB Forum Veteran
Registered Member
I read that document from Yale Law. That pertains to appealing to have your records corrected. It states that this board cannot change from discharged to retired. They don’t have that authority. But I’m no lawyer so I don’t know for certain.
The Discharge Review Board (DRB) can't change a separation to a retirement. the Board for Correction of Military / Naval Records BCMR / BCNR has the authority to change a separation to a retirement.
 

JohnnyAirforce

Registered Member
The Discharge Review Board (DRB) can't change a separation to a retirement. the Board for Correction of Military / Naval Records BCMR / BCNR has the authority to change a separation to a retirement.
No. They cannot. The Board of Correction can only do so ifnit was a clerical mistake. If you are trying to get your disability percent raised to have your character changed to retired from discharged, you cannot do that with this board. They are only there to appeal for a clerical error and change.
 

euphonix

PEB Forum Veteran
Registered Member
No. They cannot. The Board of Correction can only do so ifnit was a clerical mistake. If you are trying to get your disability percent raised to have your character changed to retired from discharged, you cannot do that with this board. They are only there to appeal for a clerical error and change.
"A BCMR’s authority to correct military records includes the ability to medically retire a veteran who was administratively separated from the military if it can be demonstrated that the veteran was suffering from one or more mental and/or physical conditions that made the veteran unfit to perform his/her military duties."

http://www.nvlsp.org/what-we-do/lawyers-serving-warriors/board-for-correction-of-military-records-bcmr/
 

JohnnyAirforce

Registered Member
"A BCMR’s authority to correct military records includes the ability to medically retire a veteran who was administratively separated from the military if it can be demonstrated that the veteran was suffering from one or more mental and/or physical conditions that made the veteran unfit to perform his/her military duties."

http://www.nvlsp.org/what-we-do/lawyers-serving-warriors/board-for-correction-of-military-records-bcmr/
Sir I stand corrected. I am backwards in my thinking. You are very correct.
 

euphonix

PEB Forum Veteran
Registered Member
"BCMRs have a waivable 3-year time limit and the authority to upgrade discharges issued by general courts-martial or to change a discharge to or from disability discharge or retirement."

PG. 10
 

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