RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02973 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His retirement be changed to a medical retirement. _________________________________________________________________ APPLICANT CONTENDS THAT: He met a Physical Evaluation Board (PEB); however, he was returned to duty. Five months later, he was retired without being re-evaluated for a combat illness. Presently, airmen are placed on the Temporary Disability Retired List (TDRL) and re- evaluated for a final disposition. The PEB noted that his Post- Traumatic Stress Disorder (PTSD) was related to exposure to combat while deployed in support of Operation IRAQI FREEDOM. Recently, his symptoms have worsened. In support of his request, the applicant provides copies of his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board; his VA Forms 21-4138, Statement in Support of Claim, extracted from his medical records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 17 October 2001, the applicant was notified by Headquarters Air Reserve Personnel Center that he was eligible for retired pay at age 60 On 7 February 2007, a Line of Duty Determination (LOD) was conducted because a civilian psychiatrist provider with the Veteran’s Administration (VA) diagnosed the applicant with PTSD directly connected to his deployment to Iraq from 19 December 2004 until 6 May 2005. The provider did not find any evidence of a post-military stressor to account for current PTSD symptoms. The overall current affect reported by the provider evaluation was anxiety and mild depression. On 11 April 2007, a Medical Evaluation Board (MEB) diagnosed the applicant with PTSD with an approximate date of origin of 1 April 2005 and referred him to an Informal Physical Evaluation Board (IPEB). On 21 April 2007, the applicant’s commander recommended to the IPEB that he be returned to full duty. The commander stated the applicant is a productive, capable member that does not appear to have any problems which affect his ability to return to duty. On 10 May 2007, an IPEB concluded the applicant’s medical condition of PTSD did not prevent him from reasonably performing the duties of his office, rank, or rating. The IPEB recommended the applicant be returned to duty. The IPEB noted the PTSD was related to his exposure to combat while deployed in support of Operation IRAQI FREEDOM. On 29 September 2007, the applicant was separated and transferred to the Inactive Status List Reserve Section (ISLRS) in the grade of master sergeant after serving 26 years, 2 months and 27 days of total service for retired pay. On 24 May 2023, the applicant will be sixty years of age and eligible to receive retired pay from the Air Force Reserves. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. DPSD states the preponderance of evidence reflects that no error or injustice occurred during the disability process or at the time of separation. The IPEB noted the applicant’s PTSD could have been an unfitting condition, but was not currently compensable or ratable and recommended he be returned to duty. By law, a member may appeal a recommended disposition if he/she is found unfit and being involuntarily separated or retired for disability; however, the applicant was found fit. The complete DPSD evaluation is at Exhibit C. AFPC/DPAMM deferred comments to DPSD as the point of contact for the IPEB decisions and the applicant’s Air Reserve Center component as responsible for the disposition of members returned to duty by the IPEB. The complete DPAMM evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided an article from the Disability Veterans’ Magazine and extracts copies of his medical records. The applicant’s complete response, with attachments, is at 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 an 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 of the Air Force offices of primary responsibility and adopt their rationale 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 for us 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 Docket Number BC-2010-02973 in Executive Session on 1 June 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to Docket Number BC-2010-02973 was considered: Exhibit A. DD Form 149, dated 17 May 2010, w/atchs. Exhibit B. Applicant's Military Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 27 Sep 10. Exhibit D. Letter, AFPC/DPAMM, dated 6 Oct 10. Exhibit E. Letter, SAF/MRBR, dated 5 Nov 10. Exhibit F. Applicant’s Response, undated Panel Chair