RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01684
INDEX NUMBER: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that on 22 December 2002, he was continued
on the Temporary Disability Retired List (TDRL), rather than discharged
with severance pay.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
All of his medical records concerning a 6 November 2002 psychiatric consult
and all follow-up consults were not available for the Physical Evaluation
Board (PEB).
In support of the appeal, applicant submits the 6 November 2002 psychiatric
consult and extracts from his medical records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 8 September 1997. In
September 1998, he developed chronic low back pain associated with
degenerative disc disease. On 25 October 2000, he was diagnosed with Major
Depressive Disorder, single episode, moderate severity, and Panic Disorder.
He was referred to a Medical Evaluation Board (MEB) on 5 December 2000.
The MEB recommended he appear before a Physical Evaluation Board (PEB). On
5 February 2001, an Informal PEB (IPEB) found him unfit due to Major
Depressive Disorder with definite social and industrial adaptability
impairment and recommended he be placed on the TDRL with a 30% rating. He
concurred with the IPEB findings and recommendations. He was discharged 6
April 2001 and placed on the TDRL. An Air Force psychiatrist and Air Force
orthopedic surgeon reevaluated him on 17 July 2002. The IPEB recommended
he be discharged with severance pay. He disagreed with the IPEB findings
and requested a Formal PEB (FPEB). On 9 October 2002, the FPEB determined
he was unfit due to chronic low back pain, mechanical, associated with
major depressive disorder and anxiety/panic attacks rated at 10%, and
recommended he be discharged with severance pay. The Secretary of the Air
Force Personnel Council (SAFPC) upheld the findings of the FPEB on
17 November 2002. He was removed from the TDRL on 22 December 2002, and
discharged with severance pay.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends the application be denied and
states, in part, that the applicant was properly evaluated and
appropriately rated. With regard to mental health conditions, Department
of Defense policy specifically states that increased severity of symptoms
due to transient stressors associated with the PEB and prospect of
separation or retirement and relocation or re-employment will not be
considered in determining the degree of impairment.
The BCMR Medical Consultant evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 9 January 2004, for review and response within 30 days. However, as of
this date, this office has received no response.
_________________________________________________________________
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 error or injustice. After a thorough review of the evidence
of record and applicant’s submission, we are not persuaded that relief
should be granted. Applicant’s contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. The BCMR Medical
Consultant has adequately addressed applicant’s contentions and we agree
with his opinion and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden that he has
suffered either an error or an injustice. Hence, we find no compelling
basis to recommend granting the relief sought.
_________________________________________________________________
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 Docket Number BC-2003-01684
in Executive Session on 19 February 2004, under the provisions of AFI 36-
2603:
Mr. Vaughn E. Schlunz, Panel Chair
Ms. Jean A. Reynolds, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 May 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 16 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 9 Jan 04.
VAUGHN E. SCHLUNZ
Panel Chair
AF | BCMR | CY2003 | BC-2002-03318
The IPEB recommended that he be discharged from the Air Force with an EPTS condition. The applicant was discharged from the Air Force on 10 Oct 02, with a compensable disability rating of 10 percent. This code assigns disability rating based on percent of body surface and use of medications.
AF | BCMR | CY2009 | BC-2008-02449
The FPEB agreed with the findings of the IPEB and concurred that the 10 percent disability rating with severance pay was appropriate for his medical condition. Thereafter, the Secretary of the Air Force Personnel Council (SAFPC) reviewed the FPEB's findings and concluded that the evaluating psychiatrist noted that the applicant's condition had not changed and remained at the definite level of impairment; the definite level of impairment could warrant a 30 percent disability rating. ...
On 22 November 1999, a Formal Physical Evaluation Board (FPEB) convened and based on the diagnosis of panic disorder with agoraphobia, definite social and industrial adaptability impairment, DVA Diagnostic Code 9412, recommended the applicant be retained on the TDRL with a 30% compensable disability rating. On 25 May 2001, the Secretary of the Air Force Personnel Board (SAFPB) agreed that the medical evidence indicated that the applicant’s condition was permanent, relatively stable on...
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). Applicant's response to the advisory opinions is at Exhibit E. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. On 6 Dec 96, officials within the Office of the Secretary of the Air Force directed that the...
AF | BCMR | CY2009 | BC-2009-01037
The Medical Evaluation Board (MEB) found both her military and social impairment to be rated as considerable. Thus, the MEB placed her on the TDRL with a 30 percent disability rating. However, after she was reevaluated, the IPEB found the applicants medical condition had improved and recommended she be removed from the TDRL and separated with a 10 percent disability rating with severance pay. The Medical Consultants complete evaluation is at Exhibit...
AF | BCMR | CY2009 | BC 2009 01037
The Medical Evaluation Board (MEB) found both her military and social impairment to be rated as considerable. Thus, the MEB placed her on the TDRL with a 30 percent disability rating. However, after she was reevaluated, the IPEB found the applicants medical condition had improved and recommended she be removed from the TDRL and separated with a 10 percent disability rating with severance pay. The Medical Consultants complete evaluation is at Exhibit...
AF | BCMR | CY2003 | BC-2003-01238
On 5 Feb 01, the Air Force PEB recommended that the applicant be discharged from the Air Force with severance pay with a combined disability rating of 10 percent. The DPPD evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 19 Sep 03 for review and comment within 30 days. It is our opinion that because of the severity of his condition...
AF | BCMR | CY2005 | BC-2004-00980
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00980 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His medical conditions be formally evaluated to determine his suitability for active duty or a permanent medical retirement retroactive to July 1999. The applicant was disability discharged on 16 July 2001 for Major Depressive Disorder with...
AF | BCMR | CY2013 | BC 2013 02749
The complete DPFD evaluation is at Exhibit C. The BCMR Medical Consultant recommends amending the applicants record to reflect he was removed from the TDRL and permanently retired with a 50 percent disability rating due to PTSD, under VASRD Code 9411, effective 12 March 2012. While the Medical Consultant recommends granting the applicant the 50 percent rating, he does not believe this should be based upon the documentation from the DVA; as this evidence was the same old evidence utilized...
AF | BCMR | CY2003 | BC-2002-02368
However, several disabling conditions were deleted, without explanation and if they had been properly considered by the Physical Evaluation Board (PEB) as required by law and regulation, he contends these additional unfitting conditions would have increased his total rating to be at least 30 percent and he would have been placed on the TDRL. The BCMR Medical Consultant concurs with the findings of the IPEB that the applicant’s conditions did not warrant a disability retirement or placement...