RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00486
            INDEX CODE:  108.07

            COUNSEL:  MICHAEL C. MURPHY
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  19 AUGUST 2007

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His service-connected medical condition, Post Traumatic Stress  Disorder
(PTSD) be added to his Air Force disability compensation.

2.  His AFMPC Form  134,  Retirement  Order,  dated  24  February  1970,  be
corrected to reflect his disability was  incurred  as  a  direct  result  of
armed conflict or was caused by an instrumentality of war  and  incurred  in
line of duty during a period of war.

________________________________________________________________

APPLICANT CONTENDS THAT:

His Air Force career  was  shortened  seven  years  by  reason  of  physical
disability.  He did not receive a PTSD psychiatric evaluation at that  time.
 His  subsequent  difficulties  in  adjusting  to  civilian  life  including
multiple hospitalizations and psychoanalysis have been diagnosed  as  combat
related.

In support of his request, applicant  provided  a  personal  statement  with
nine attachments, his DD Form 214, Statement of Service, Retirement  Orders,
and other documentation associated with his CRSC application.  His  complete
submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 13 March 1970, the applicant was disability retired  with  a  compensable
rating of 70 percent from the Air Force in the grade of lieutenant  colonel,
after serving 22 years, 1 month, and 29 days on active duty.

His CRSC application was partially approved on 29 July  2004,  for  Impaired
Hearing.  His request  for  Tinnitus,  Postoperative  Stomach  Injury,  Skin
Condition and Prostate Gland Condition were disapproved.    His  application
was reconsidered for Tinnitus, Postoperative Stomach Injury, Skin  Condition
and Prostate Gland condition along with  review  of  a  new  condition—PTSD.
This request was partially approved on 10 August 2005 and 22  February  2006
respectively, for Tinnitus and PTSD.

Available  Department  of  Veterans  Affairs   (DVA)   records   reflect   a
compensable rating of 30% for his service-connected condition of PTSD.

________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR Medical Consultant recommends denial.  The BCMR Medical  Consultant
states  the  evidence  of  record  does  not  show  that   the   applicant’s
psychological symptoms while in service were of a severity that resulted  in
diagnosis of a defined mental illness  or  warranted  consideration  in  the
disability evaluation system leading to  a  compensable  rating.   The  fact
that the  VA  may  grant  certain  service  connected  compensation  ratings
following separation  or  retirement  does  not  establish  eligibility  for
similar action from the Air Force.  The BCMR Medical Consultant  is  of  the
opinion that action and disposition in this case are  proper  and  equitable
reflecting compliance with Air Force directives that implement the law.

The BCMR Medical Consultant complete evaluation is at Exhibit C.

AFPC/DPPD recommends denial.   DPPD  advises  the  applicant  was  medically
boarded  for  chronic  pancreatitis,  bilateral  hearing  loss  and  chronic
prostatitis and was given a combined compensable  disability  rating  of  70
percent.  DPPD’s  review  of  the  applicant’s  military  personnel  records
reflect that his PTSD did not  manifest  until  23  January  2005  when  the
Veterans Administration awarded him a 30 percent disability rating for  that
condition.

The AFPC/DPPD complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the  applicant  on  28
April 2006 for review and comment within 30 days.  As  of  this  date,  this
office has received no response.  On 23 April 2007, the applicant  requested
and was granted a 30 day extension.   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 error or injustice.   Evidence  has  not  been  presented  that
would lead us to believe the applicant’s disability retirement was  improper
or  contrary  to  the  provisions  of  the  governing  instructions,   which
implement the law.  We  note  his  request  that  his  retirement  order  be
changed to reflect that his disabilities were incurred as  a  direct  result
of armed conflict or caused by an instrumentality of  war  and  incurred  in
the line of duty during a period of war.  Neither  does  the  record  reveal
nor has the applicant provided evidence that would lead us  to  believe  his
unfitting conditions were incurred in a manner that met  the  statutory  and
regulatory  criteria  required  for  such  a  finding.   It   appears   that
responsible  officials  applied  appropriate  standards  in  effecting   the
disability  retirement.   Therefore,  we  agree   with   the   opinion   and
recommendation of the Air Force offices of primary responsibility and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.

4.  With regard to the applicant’s request to  have  Post  Traumatic  Stress
Disorder (PTSD) added as one of the conditions for which  he  was  medically
boarded in  1970,  we  do  not  find  the  applicant’s  assertions  nor  the
documentation presented sufficient to warrant a change in his  records.   As
noted by the BCMR Medical Consultant, the  applicant’s  records  are  absent
any documentation that substantiates his  psychological  symptoms  while  in
service were of a severity that resulted in diagnosis of PTSD  or  warranted
consideration in the disability evaluation system leading to  a  compensable
rating.  After reviewing all  the  evidence  provided,  we  agree  with  the
assessment  by  the  BCMR  Medical  Consultant   concerning   this   matter.
Accordingly, in view of all the above,  the  applicant’s  requests  are  not
favorably considered.

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 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-2006-00486
in Executive Session on 8 June 2007, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Richard A. Peterson, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
00486 was considered:

     Exhibit A.  DD Form 149, dated 11 Jun 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant,
                 dated 14 Mar 07.
     Exhibit D.  Letter, AFPC/DPPD, dated 20 Mar 06.
     Exhibit E.  Letter, SAF/MRBR, dated 28 Apr 06.
     Exhibit F.  Letter, AFBCMR, dated 20 Mar 07.





                                  THOMAS S. MARKIEWICZ
                                  Chair