RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04016 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. Reserve Order EK-0550 dated 14 December 2001, Reserve Order EL-2169 and all retirement documents from 2000 through 4 April 2009 be expunged from his record and be replaced with a medical profile until the age of 60. 2. He be medically retired due to his combat related injury of Post-Traumatic Stress Disorder (PTSD) and Major Depression. 3. He be promoted to chief master sergeant. 4. His awards and decorations be updated. ________________________________________________________________ APPLICANT CONTENDS THAT: He was mismanaged in his position as an Air Reserve Technician (ART). On 13 December 2001, a Merit System Protection Board (MSPB) ruled that he was incompetent and not of sound mind. His civilian records are being updated accordingly. He requests any retirement related documents be removed from his military records in line with his civilian retirement. He also requests he be granted a medical discharge for the Air Force Reserve’s failure to investigate his PTSD and major depression. In support of his appeal, the applicant provides a personal statement, medical records, letter of support and documentation from his master personnel records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force on 20 November 1968. On 3 January 2001, he received a physiciatric evaluation. That evaluation stated that he would have significant difficulty performing his job and his prognosis would be extremely poor should he return to the same type of employment. On 14 February 2001, the applicant declined to have his case forwarded for review by the Informal Physical Evaluation Board (IPEB) for a fitness only determination. On 29 October 2001, he was notified that separation action had been initiated against him due to physical disqualification. He acknowledged the notification memorandum and his rights to elect retirement or be separated with an honorable discharge. On 9 November 2001, he elected to be transferred to the Retired Reserves effective 1 December 2001. As of 4 April 2009, he was placed on the Retired Reserve List and authorized retired pay. He was credited with 40 years, 4 months and 14 days for basic pay. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial of the applicant’s request for promotion to chief master sergeant and denial of his request to update his awards. Regarding the applicant’s request for promotion to chief master sergeant; Air Force Reserve personnel are promoted in accordance with AFPD 36-25 and Air Reserve Promotion Policy. Under these provisions, individuals must hold a primary Air Force specialty code with a 9 skill level, 24-months’ time-in-grade, 14 years of satisfactory service for retirement, complete Reserve component Chief Orientation Course, be a satisfactory participant in accordance with AFI 36-2254VI, Reserve Personnel Participation and must meet physical fitness standards for promotion to chief master sergeant. The individual must also be recommended by the assigned supervisor and approved by the promotion authority (commander). It is solely at the discretion of the assigned supervisor/designee to recommend promotion to the promotion authority when the individual has met the promotion eligibility requirements for promotion to the next higher grade. The applicant has not provided any documentation showing he was selected for promotion to chief master sergeant by the promotion authority. With regard to the applicant’s request that his awards be updated; AFI 36-2803, Air Force Awards and Decorations Program, states no individual is automatically entitled to award upon completion of an operation, temporary duty assignment or departure for an assignment. It further states that recommendations for awards should be initiated as soon as possible following the act, achievement or service. The recommendation should be placed into official channels within two years and awarded within three years of the act, achievement or service. There is no evidence a recommendation for award was placed in military channels or submitted. The complete AFRC/A1K evaluation is at Exhibit C. The BCMR Medical Consultant recommends approval of the applicant’s request to have his reserve retirement changed to a disability with placement on the Permanent Disability Retired List (PDRL). The applicant served his country and the United States Air Force for over 30 years. Through no fault of his own, he now has conditions which preclude him from adequately performing the duties required of his office, grade or rank. His medical conditions create an unreasonable long-term risk to his health and mission degradation; particularly relevant in the context of the austere operational conditions and unrelenting physical stressors confronting all members of the military. With this in mind, the Medical Consultant opines it appropriate to have the applicant’s orders amended to a medical retirement, effective 4 April 2009, which parallels his civilian retirement date. The applicant also requests his Depression and Post-Traumatic Stress Disorder be considered “combat related.” DODI 1332.38 is clear in its intent that “combat related” is considered as while engaged in hazardous service. Such service includes, but is not limited to, aerial flight, parachute duty, demolition duty, experimental stress duty and diving duty. The record indicates the applicant’s depression and disappointment with the perceived loss of core values, integrity and honor. These issues are central to his request regarding PTSD and Depression. Additionally, these issues all took place while in the United States and not while engaged in hazardous service. While the applicant was involved in a new mission platform with prolonged hours and unidentified consequences, the benchmark for “combat related” has not been met. The applicant’s records should be changed to reflect permanent disability retirement effective 4 April 2009, with a rating of 50 percent as follows: Occupations and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships. The complete BCMR Medical Consultant’s evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 26 March 2013 and 19 June 2013 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with regard to the applicant’s request to be promoted to chief master sergeant, update his awards, remove all retirement documentation and that his PTSD be considered combat related. With regard to these requests, after a thorough review of the evidence of record and the applicant’s complete submission, we are not persuaded that record warrants the noted corrections. The applicant’s contentions are duly noted; however, he has not provided persuasive evidence to override the rationales provided by the Air Force office of primary responsibility (OPR) and the BCMR Medical Consultant. Therefore, we agree with the opinion and recommendation of the OPRS and adopt their rationale as the basis for our conclusion the applicant is not entitled to promotion to chief master sergeant and his military awards are accurate as currently reflected in his records. Furthermore, we are not persuaded that his PTSD should be considered combat- related as his condition was not caused while engaged in hazardous service. 4. Notwithstanding the above determination, we believe some relief is warranted. We agree with the BCMR Medical Consultant’s opinion the applicant, through no fault of his own, now has conditions which preclude him from adequately performing all the duties required of his office, grade or rank. He should therefore, be medically retired effective 4 April 2009, to coincide with the date of his civilian retirement. Accordingly, we recommend the applicant’s record be corrected to the extent indicated below. 5. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a. On 3 April 2009, he was found unfit to perform the duties of his office, rank, grade, or rating by reason of physical disability, incurred while he was entitled to receive basic pay; that the diagnosis in his case was Post-Traumatic Stress Disorder associated with Major Depressive Disorder VASRD code 9411, rated at 50 percent; that the degree of impairment was permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; and that the disability was not received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war. b. On 4 April 2009, he was not authorized retired pay under the provisions of Title 10, United States Code, Section 12731 and placed on the USAF Reserve Retired List, but on that date, his name was placed on the Permanently Disability Retired List. c. His election of Survivor Benefit Plan option will be corrected in accordance with his expressed preferences and/or as otherwise provided for by law or the Code of Federal Regulations. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04016 in Executive Session on 13 August 2013, under the provisions of AFI 36-2603: All members voted to correct the record, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dtd 30 Aug 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/A1K, dated 3 Dec 12. Exhibit D. Letter, BCMR Medical Consultant, dtd 18 Mar 13. Exhibit E. Letter, SAF/MRBC, 26 Mar 13. Exhibit F. Letter, SAF/MRBC, dated 19 Jun 13.