Major Victory: Air Force Board of Corrections Grants Vietnam Veteran Disability Retirement Back to 1978
What a win.
This month, Citizen Soldier Law secured a major result before the Air Force Board for Correction of Military Records (AFBCMR) for a client whose records failed to reflect what should have happened decades ago. The AFBCMR directed the Air Force to correct the client’s records to show he should have been processed through the Disability Evaluation System (DES) and medically retired—effective December 6, 1978—instead of simply separating at his ETS.
The correction ordered
In its directive dated December 12th, 20025, the AFBCMR ordered that the client’s records be corrected to show:
- On 4 December 1978, he was found unfit to perform the duties of his office, rank, grade, or rating due to physical disability incurred while entitled to basic pay.
- His diagnoses were rated under the Veterans Affairs Schedule for Rating Disabilities (VASRD) for a combined rating of 50%.
- On 5 December 1978, he was released from active duty due to disability and permanently retired, effective 6 December 1978 with a combined rating of 50%
Why this mattered: ETS separation wasn’t legally sufficient
The advisory review recognized what the record showed at the time: the client had potentially unfitting conditions at separation, and there was no documentation showing he was properly informed of his option to extend beyond ETS to complete DES processing. That’s critical because, under the guidance in effect at the time, disability processing should have been initiated when it was unlikely a member could remain on active duty, and enlisted members could be retained beyond ETS (with consent) during DES processing.
As the advisory opinion noted, the client was likely unfit at ETS for multiple issues, including significant orthopedic and neurological impairments. In the absence of documentation proving the required counseling and consent process occurred, the advisory concluded the client was denied a disability review to which he was entitled.
The bigger takeaway
This case is a powerful reminder: if you separated at ETS while carrying serious medical conditions and were never properly routed into disability processing—or were never advised of your rights and options—you may still have a viable records correction claim.
Disclaimer: This post is for general information only and is not legal advice. Prior results do not guarantee similar outcomes.
