All members recommended for separation/retirement through the Integrated Disability Evaluation System (IDES) are entitled to a full and fair hearing (Title 10, USC 1214).
In the Air Force Disability Fitness Appeal Process there are two levels of appeal:
Once the IDES appeal process for fitness determination has completed, if a member wishes to appeal for a rating change, the request is vetted through the Veterans Administration (VA) rating reconsideration process.
Board Process
The FPEB consists of three board members:
Legal Counsel
Prior to arriving for the hearing, you are encouraged to contact legal counsel assigned at the FPEB (DSN 473-4295). Although assigned to the FPEB, the lawyers are there to serve as an advocate for you and will advise you based on the documentation in your case file, your proposed testimony, any new or additional documentation/witness you desire to submit/call for consideration, and your years of experience with the FPEB.
If, after speaking to legal counsel, you choose to change your mind and accept the Informal Physical Evaluation Board (IPEB) findings, you may request to waive the FPEB. The FPEB President has the final authority to either allow the waiver or proceed with the hearing. To request a change to your hearing date, contact the FPEB at DSN 473-4296 or commercial 210-671-4296 or email: [email protected].
Travel to FPEB
If you decide to appear before the FPEB, you will be provided TDY orders to arrive approximately three days prior to the hearing. This will allow you time to confer with legal counsel to prepare your case. You may either utilize the legal counsel provided at the FPEB, or provide counsel of your choosing at your expense. Any witnesses you desire to have testify on your behalf will also be at your expense. If, after meeting with legal counsel, you desire to waive the FPEB, you may do so. Again, the FPEB President has the final authority in this matter.
NOTES:
Post FEPB Actions
You will be briefed on their findings and provided one duty day to either agree or disagree with their findings.
The SAFPC is the final board of appeal for members being processed through the IDES. They will review your case file, an audio transcript of your formal hearing, your written rebuttal, and make a final disposition. The SAFPC may concur with the findings of the previous boards, or make an alternate determination. AFPC/DPSD will be notified, and you will be informed of the disposition.
Air Force Board for Correction of Military Records (AFBCMR)
If you feel an error or injustice occurred during the processing of your case through the IDES, you may apply to the AFBCMR. The AFBCMR, which is the highest level of administrative appeal in the Air Force, will carefully consider your petition and make recommendations as it deems appropriate to the Secretary of the Air Force. Please be aware that submission of an application should not be interpreted as an automatic approval. The final determination will be based on the information submitted, and your case will be decided only after careful consideration of the evidence presented, with the burden of proof resting on you.
File Attachments
In the Air Force Disability Fitness Appeal Process there are two levels of appeal:
- Formal Physical Evaluation Board (FPEB), and
- Review by the Secretary of the Air Force Personnel Council (SAFPC).
Once the IDES appeal process for fitness determination has completed, if a member wishes to appeal for a rating change, the request is vetted through the Veterans Administration (VA) rating reconsideration process.
Board Process
The FPEB consists of three board members:
- One physician,
- Two personnel officers, and
- Board president, one of the two personnel officers.
Legal Counsel
Prior to arriving for the hearing, you are encouraged to contact legal counsel assigned at the FPEB (DSN 473-4295). Although assigned to the FPEB, the lawyers are there to serve as an advocate for you and will advise you based on the documentation in your case file, your proposed testimony, any new or additional documentation/witness you desire to submit/call for consideration, and your years of experience with the FPEB.
If, after speaking to legal counsel, you choose to change your mind and accept the Informal Physical Evaluation Board (IPEB) findings, you may request to waive the FPEB. The FPEB President has the final authority to either allow the waiver or proceed with the hearing. To request a change to your hearing date, contact the FPEB at DSN 473-4296 or commercial 210-671-4296 or email: [email protected].
Travel to FPEB
If you decide to appear before the FPEB, you will be provided TDY orders to arrive approximately three days prior to the hearing. This will allow you time to confer with legal counsel to prepare your case. You may either utilize the legal counsel provided at the FPEB, or provide counsel of your choosing at your expense. Any witnesses you desire to have testify on your behalf will also be at your expense. If, after meeting with legal counsel, you desire to waive the FPEB, you may do so. Again, the FPEB President has the final authority in this matter.
NOTES:
- Air Reserve Component (ARC) members pending separation for non-duty related impairments who desire to appear before the FPEB must do so at their own expense.
- Members on the Temporary Duty Retirement Leave (TDRL) may waive the FPEB process and appeal directly to the SAFPC.
Post FEPB Actions
You will be briefed on their findings and provided one duty day to either agree or disagree with their findings.
- If you agree, your case file will be sent to the Chief, USAF Physical Disability Division, (AFPC/DPSD), for finalization. There are four personnel in DPSD sworn in to act on behalf of the Secretary of the Air Force regarding disability matters. They will review the findings of both the IPEB and FPEB and either approve the findings of the FPEB or forward your case to the SAFPC for further adjudication. This occurs only if they feel directing a review by the SAFPC is in the best interest of either you or the Air Force. Again, your separation or retirement date will be computed as previously outlined.
- If you disagree, you may choose to submit a rebuttal to SAFPC or not. If you desire to submit a rebuttal, you must do so within 10 calendar days. If the FPEB does not receive your written rebuttal within the specified period of time, your case will be forwarded to AFPC/DPSD for continued processing.
The SAFPC is the final board of appeal for members being processed through the IDES. They will review your case file, an audio transcript of your formal hearing, your written rebuttal, and make a final disposition. The SAFPC may concur with the findings of the previous boards, or make an alternate determination. AFPC/DPSD will be notified, and you will be informed of the disposition.
Air Force Board for Correction of Military Records (AFBCMR)
If you feel an error or injustice occurred during the processing of your case through the IDES, you may apply to the AFBCMR. The AFBCMR, which is the highest level of administrative appeal in the Air Force, will carefully consider your petition and make recommendations as it deems appropriate to the Secretary of the Air Force. Please be aware that submission of an application should not be interpreted as an automatic approval. The final determination will be based on the information submitted, and your case will be decided only after careful consideration of the evidence presented, with the burden of proof resting on you.
File Attachments
Right to Counsel during the Physical Disability Evaluation Process.doc