RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01545
            INDEX CODE:  108.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that at the time of his retirement  from
the Air Force for medical disability reasons, he  was  retired  with  a  100
percent disability rating.

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APPLICANT CONTENDS THAT:

He was placed on the Temporary Disability Retired List (TDRL) with a  rating
of 100 percent and upon his permanent disability retirement his  rating  was
unjustly reduced to 50 percent.  His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted  in  the  Regular  Air  Force  on  11  Mar  68.   He  was
progressively promoted to the grade of sergeant, having assumed  that  grade
effective and with a date of rank of 1 Jan 70.  On 16 Aug 71, he was  placed
on  the  Temporary  Disability  Retired  List  (TDRL)  with  a  100  percent
compensable disability rating.  On 11 Sep 74, he was removed from  the  TDRL
and was  permanently  retired  with  a  50  percent  compensable  disability
rating.  He had served 3 years, 7 months, and 7 days on active duty.

Additional relevant facts pertaining to  this  application,  extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force.  Accordingly, there is no  need  to
recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant  reviewed  applicant's  request  and  recommends
that his records be changed to reflect that he was  removed  from  the  TDRL
and permanently retired with a 70  percent  compensable  disability  rating.
The Medical Consultant states that at his first TDRL evaluation in  December
1972, his impairment was judged to have improved to a  "considerable"  level
and he was continued on the TDRL at the reduced rate of 50 percent.  At  his
final evaluation in July 1974, his impairment  was  considered  "severe"  by
his examining psychiatrist and the PEB decided to permanently retire him  at
the previous 50 percent rating, a decision which was upheld by the  Physical
Review Council (PRC) on 22 August 1974.

A determination of "severe" impairment would ordinarily warrant a rating  of
70  percent  as  noted  in  the  Veterans  Affairs   Schedule   for   Rating
Disabilities (VASRD) guidelines.  While it was appropriate to retain him  on
the TDRL at the 50 percent level after his  first  evaluation,  it  was  not
appropriate  to  permanently  retire  him  at  the  same   level   following
determination at his second evaluation that his impairment was  now  at  the
70 percent level (see Exhibit C).

The  Chief,  Special  Actions/BCMR  Advisories,  USAF  Physical   Disability
Division, AFPC/DPPD, reviewed applicant's  request  and  recommends  denial.
DPPD states that his second TDRL evaluation reflects  that  he  discontinued
using his medication (Thorazine).  DPPD presented the case to  the  Informal
Physical Evaluation Board  (IPEB)  for  review  and  evaluation.   The  IPEB
concluded that the decisions  rendered  at  all  stages  of  the  disability
evaluation  system  process  were  reasonable   and   accurate.    Differing
assessments (from considerable to severe, in this case)  while  not  common,
do occur, even if  the  patient's  actual  condition  is  not  significantly
different.   The  second  TDRL  evaluation,   despite   characterizing   his
impairments as severe, also states "he has shown no signs of improvement  or
change in his social or vocational rehabilitation."  In essence, this  would
lend credence to the finding that his condition had not changed and  had  in
fact stabilized, fully supporting the decision to retire him at 50  percent.
 Additionally, there is an  October  1974,  psychiatric  evaluation  stating
that his schizophrenia was in good remission,  and  that  he  was  competent
with little social and industrial incapacity.   Also  pointed  out  was  the
fact that he functioned  adequately  to  petition  the  FAA  for  a  pilot's
license.  While these issues are subsequent to the  second  TDRL  evaluation
in July 1974, they are  so  near  to  that  time  that  they  would  clearly
indicate his medical condition had not deteriorated since his  initial  TDRL
evaluation (see Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his request applicant provided copies of documents  he
feels are pertinent to his  application.   His  complete  submission  is  at
Exhibit F.

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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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error  or  injustice.   In  reviewing  the  disability
processing in the applicant’s case, it appears that during his initial  TDRL
evaluation in December 1972, it was determined by  the  examining  physician
that his condition had significantly improved to a “considerable” level  and
the IPEB reduced his compensable disability rating from 100  percent  to  50
percent.  During his second TDRL evaluation in July 1974, it was  determined
that his condition had changed to the “severe”  level.   However,  the  IPEB
recommended that he be retained on the TDRL at  the  previously  established
50 percent rating and the Physical Review Council upheld that  decision  and
permanently retired the applicant at that level.  Notwithstanding  the  fact
that the IPEB opined that the differing  assessments  between  “severe”  and
“considerable” are subjective, there appears to be a disparity  between  the
disability rating assigned and the  rating  guidelines  established  in  the
VASRD.  We believe that the applicant’s level of  impairment  based  on  his
medical condition may have been more severe than “considerable” at the  time
of permanent disposition.  It is our opinion that any doubt  on  the  degree
of his disabling condition should be resolved in his  favor.   We  therefore
agree with the AFBCMR Medical  Consultant  and  believe  that  in  order  to
remove the possibility of an injustice, the  applicant’s  record  should  be
corrected to reflect that he  was  retired  with  a  compensable  disability
rating of 70 percent.  However, we  are  not  persuaded  that  the  evidence
provided that his condition at the time of  permanent  disposition  met  the
criteria for award of a compensable rating of 100 percent.  Accordingly,  we
recommend that his records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected  to  show  that  at  the  time  of  his  permanent
retirement for physical disability on 11 September 1974, he was  assigned  a
compensable rating of 70 percent for schizophrenia,  undifferentiated  type,
with a “severe” social and industrial impairment of function, in  accordance
with VASRD code 9204.

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The following members of the Board considered this application in  Executive
Session on 6 Nov 01, under the provisions of AFI 36-2603:

      Ms. Peggy E. Gordon, Panel Chair
      Mrs. Carolyn J. Watkins, Member
      Mr. John B. Hennessey, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jun 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 23 Aug 01.
    Exhibit D.  Letter, AFPC/DPPD, dated 3 Oct 01.
    Exhibit E.  Letter, SAF/MIBR, dated 5 Oct 01.
    Exhibit F.  Letter, Applicant, not dated, with atchs.




                             PEGGY E. GORDON
                                             Panel Chair

AFBCMR 01-01545




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that at the time of his
permanent retirement for physical disability on 11 September 1974, he was
assigned a compensable rating of 70 percent for schizophrenia,
undifferentiated type, with a “severe” social and industrial impairment of
function, in accordance with VASRD code 9204.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency