RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02236
INDEX CODE: 108.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 JANUARY 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed from Permanent Disability Retirement to
Temporary Disability Retirement List (TDRL) status.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Informal Physical Evaluation Board (IPEB) prognosis that his
medical condition would not likely change over the next several years
was highly inaccurate. Regardless of how the IPEB arrived at its
prognosis and recommendation for permanent disability retirement,
which occurred effective 24 October 2004, significant medical
developments have taken place since that time that clearly demonstrate
his medical condition has rapidly deteriorated. Based on the exact
same medical data the IPEB reviewed as well as a report from their
examining psychiatrist, the Department of Veterans Affairs (DVA) rated
his “major depressive disorder and cognitive disorder not otherwise
specified” at 50 percent in contrast to the IPEB rating of 30 percent.
In support of his request, the applicant submits personal statements
and additional documents associated with the issues cited in his
contentions. The applicant’s complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD) is
30 July 1977.
A Medical Evaluation Board (MEB) was convened on 13 May 2003 and their
diagnosis and findings were as follows: Cognitive Disorder, with July
2002 as the approximate date of origin and Mood Disorder. The MEB
recommended referral to the Informal Physical Evaluation Board (IPEB).
On 4 June 2003, an Informal Physical Evaluation Board (IPEB) convened
and established a diagnosis of Cognitive Disorder, not otherwise
specified associated with mood disorder. Social and industrial
adaptability impairment, definite. Other diagnosis considered but not
ratable was gastroesophageal reflux disease. The IPEB found the
applicant unfit because of physical disability and recommended
permanent retirement with a compensable rating of 30 percent. On 12
June 2003, the applicant disagreed with the findings and recommended
disposition of the IPEB and requested a formal hearing. On 21 August
2003, he withdrew his 12 June 2003 disagreement with the IPEB findings
and submitted a request to waive Formal PEB (FPEB).
On 27 August 2003, officials within the office of the Secretary of the
Air Force determined the applicant was physically unfit for continued
military service and directed permanent retirement under the
provisions of 10 U.S.C. 1201.
On 23 October 2003, the applicant was relieved from active duty and
permanently disability retired in the grade of colonel on 24 October
2003, with a compensable rating of 30 percent for physical disability.
He was credited with 28 years, 4 months and 12 days of service for
basic pay and 26 years, 2 months and 24 days of active service for
retirement.
The records of the Department of Veterans Affairs (DVA) reflect the
applicant’s current combined compensable disability rating as 50
percent.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant summarized the information contained in
the applicant’s personnel and medical records and states that the
applicant’s condition of cognitive impairment is permanent, but is not
judged to be stable, and does not meet or exceed a disability rating
of 80 percent. His request to be placed on the TDRL rather than be
permanently disability retired is felt to have sufficient merit to
warrant correction of the military record. The applicant’s request
for reconsideration of his military retirement disability rating may
be addressed on TDRL re-evaluation at the direction of the AFPC
Disability Branch. The BCMR Medical Consultant is of the opinion that
the following changes in the records are warranted: removal from the
Permanently Disability Retired List (PDRL) and placement on the
Temporary Disability Retired List (TDRL), with a disability rating of
30 percent. Details of his evaluation are at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 22
July 2005 for review and response. As of this date, no response has
been received by this office (Exhibit D).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After reviewing the applicant’s
submission and the evidence of record, we are persuaded that some
relief is warranted. In this respect, we are in agreement with the
opinion and recommendation of the AFBCMR Medical Consultant that the
evidence supports removing the applicant’s name from the Permanent
Disability Retired List (PDRL) and placing him on the Temporary
Disability Retired List (TDRL), with his current compensable
disability rating of 30 percent. Although the applicant would like
this Board to approve a higher disability rating, we believe it should
be addressed during his TDRL re-evaluation. In view of the foregoing,
we recommend the applicant’s records be corrected to the extent
indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that, effective 24 October
2003, his name was not placed on the Permanent Disability Retired List
(PDRL), but on that date, his name was placed on the Temporary
Disability Retired List (TDRL), with a compensable disability rating
of 30 percent.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 18 October 2005, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Renee M. Collier, Member
Mr. Richard K. Hartley, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2004-02236.
Exhibit A. DD Form 149, dated 12 Jul 04, w/atchs, and
Letters, w/atchs, dated 7 Oct 04 and 11 Jan 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 19 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 22 Jul 05.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR BC-2004-02236
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, effective
24 October 2003, his name was not placed on the Permanent Disability
Retired List (PDRL), but on that date, his name was placed on the
Temporary Disability Retired List (TDRL), with a compensable
disability rating of 30 percent.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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