RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00683
            INDEX CODE:  108.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  29 AUG 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to show permanent disability retirement.

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APPLICANT CONTENDS THAT:

His condition was unchanged if not worse between the time  of  placement  on
the Temporary Disability Retired List (TDRL) and removal from the TDRL.

In support of his request, the applicant provided a personal  statement  and
documentation extracted from his military personnel records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 12 November 1987, the applicant entered active duty.

On 22 August 1994, a Medical Evaluation Board (MEB) convened and  considered
applicant's diagnoses of schizophreniform disorder, in partial remission  of
moderate severity manifested by paranoia, auditory hallucinations,  decrease
in social functioning and isolation,  some  evidence  of  predisposition  by
character structure, no precipitating stressors.  The MEB referred his  case
to the Physical Evaluation Board (PEB).   On  22  September  1994,  the  PEB
found him unfit and recommended  temporary  retirement  with  a  compensable
percentage of 50 percent.   The  applicant  agreed  with  the  findings  and
recommended disposition of the PEB.


On 26 November 1994, the applicant was relieved from active duty and  placed
on the Temporary Disability Retired List (TDRL) in the retired pay grade  of
sergeant with  a  compensable  percentage  for  physical  disability  of  50
percent.

A TDRL re-evaluation was performed on 25 March  1996  with  a  diagnosis  of
schizophrenia,  paranoid  type,  episodic  with  no  interepisode   residual
symptoms.  He was found to be competent for pay and records and not at  that
time a danger to himself or others.

On 3 Apr 95,  an  IPEB,  found  the  applicant  unfit  because  of  physical
disability, and recommended discharge with severance pay with a  compensable
percentage of 10 percent.  On 1 May 1996, the applicant was advised  of  the
recommendation of the IPEB and concurred with the recommended findings.

On 13 May 1996, the Secretary of the Air Force  Personnel  Council  directed
he be removed from the TDRL, and discharged him  with  severance  pay  under
the provisions of 10 USC 1203.

On 23 May 1996, the applicant was removed from the TDRL  and  discharged  in
the grade of sergeant by reason of physical disability per AFI 36-3212  with
entitlement to disability severance pay.

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AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states the applicant was found unfit  and  placed  on  the  TDRL  due  to  a
diagnosis  of  schizophrenia.   Evidence   of   record   shows   significant
improvement in his symptoms between the  time  of  hospitalization  and  the
effective date of placement on the TDRL.   He  was  removed  from  the  TDRL
after  17  months  on  the  TDRL  with  stable  disease  and  symptoms  well
controlled by medication.  At the time of removal from the  TDRL,  the  IPEB
determined that the evidence of the medical evaluation  warranted  a  rating
less  than  30  percent  and,  with  his  concurrence,  the  applicant   was
discharged with severance pay in accordance with law and  DOD  policy.   The
applicant’s condition worsened resulting in a significant  increase  in  his
Department of Veterans Affairs  (DVA)  service  connected  rating  over  six
years after removal from  the  TDRL  and  approximately  eight  years  after
original placement on the TDRL.

Evidence of the TDRL examination is consistent with the  10 percent  rating.
Review of the contemporaneous DVA mental  health  documentation  present  in
the case file that was not available to  the  Air  Force  examiners  or  the
IPEB, finds information that is essentially the same  as  that  of  the  Air
Force  psychiatry  examination.   Later  DVA  documentation   reflects   the
development  of  more  chronic  schizophrenia  symptoms  with   superimposed
compulsive gambling and  apparently  recurrent  problems  with  alcohol  use
(which predated the onset of his schizophrenia).  At the time  of  placement
on the TDRL, the applicant was still in a hospitalized status and  early  in
treatment with medication.  A service medical record  entry  after  the  PEB
recommending placement on  the  TDRL  but  before  the  effective  date  and
separation from active duty dated 20 October 1994  indicates  the  applicant
was doing well without  symptoms  while  on  medication.   The  psychiatrist
recommended  continued  medication  treatment   and   follow   up   with   a
psychiatrist or psychologist.  Evidence of the record  shows  the  applicant
stopped taking his medication but reportedly functioned well off  medication
including obtaining part time  employment.   A  flare  of  his  disease  not
requiring hospitalization was  satisfactorily  treated  with  resumption  of
prescribed medication  quickly  returning  him  to  his  baseline  level  of
functioning.  The  psychiatric  evaluation  indicated  minimal  interepisode
symptoms.  The policy of the DOD  is  to  rate  conditions  in  the  treated
state.  At  the  time  of  the  TDRL  evaluation,  the  PEB  determined  the
applicant’s condition was mild consistent with the  10  percent  rating  and
warranted removal from the TDRL in accordance with  Title  10,  Chapter  61,
Section 1210.   The  applicant  was  properly  removed  from  the  TDRL  and
discharged with severance pay in accordance with DOD policy and procedure.

The BCMR Medical Consultant’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 May 2006, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.   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 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.   After  reviewing  the  evidence  of
record, the Board is convinced  the  applicant’s  separation  from  the  Air
Force was in accordance with the Air Force policy in  effect  at  the  time,
which implements the law.  His contentions are duly noted;  however,  it  is
the  Board’s  opinion  that  the  comments  provided  by  the  BCMR  Medical
Consultant adequately address his concerns.   Therefore,  the  Board  is  in
agreement with the comments and recommendation  of  the  Medical  Consultant
and adopt his  rationale  as  the  basis  for  the  determination  that  the
applicant has not been the victim of either an error or injustice.  In  view
of the above and in the absence of  evidence  to  the  contrary,  the  Board
finds no compelling basis upon which to recommend favorable action  on  this
application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-2005-
00683 in Executive Session on 18 July 2006, under the provisions of AFI  36-
2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Karen A. Holloman, Member
                 Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 Mar 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant dated 5 May 06.
   Exhibit D.  Letter, SAF/MRBR, dated 12 May 06.




                 KATHLEEN F. GRAHAM
                 Panel Chair