RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00615
INDEX CODE: 110.00
COUNSEL: VETERANS SERVICE OFFICE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. She be awarded the Air Force Commendation Medal (AFCM) or any other
additional awards she may be entitled to.
2. Her honorable discharge be changed to a medical discharge.
______________________________________________________________
APPLICANT CONTENDS THAT:
All the disabilities listed on her medical assessment form added up to more
than 30 percent. Her Physical Evaluation Board was pending one month later
than her discharge date. She was advised it would be easier for her to be
discharged. She took the advice and accepted the discharge without having
a board.
An award package for the AFCM was submitted while she was assigned to the
60 MSS, Travis AFB. The package was lost and she spoke with the first
sergeant and asked him to resubmit the package. She was discharged and
never received the award.
In support of her application, applicant provided a personal statement, and
documentation extracted from her medical records.
Her complete submission, with attachments, is at Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
On 21 Nov 95, the applicant contracted her initial enlistment in the
Regular Air Force. She was progressively promoted to the grade of staff
sergeant having assumed that grade effective and with a date of rank of 10
Oct 01.
On 25 Mar 02, the applicant was evaluated at the Life Skills Center for
depression. She was tentatively diagnosed with Post Traumatic Stress
Disorder (PTSD). PTSD was confirmed on 11 Apr 03. On 3 Aug 03, she was
honorably discharged. She had served 7 years, 8 months and 13 days on
active duty.
______________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the applicant’s request for award of the AFCM be
denied. DPPPR states they were unable to locate an award or recommendation
for award of the AFCM. In order to verify the applicant’s entitlement to
the AFCM, she must submit a recommendation from someone in her chain of
command and a proposed citation.
The applicant may pursue award for the AFCM under the provisions of the
1996 National Defense Authorization Act (NDAA). Under the 1996 NDAA, the
service member may be recommended for a decoration by following these
procedures: 1) be made by someone, other than the service member himself,
in the service member’s chain of command at that the time of the incident,
and, who has first hand knowledge of the acts or achievements; and 2) be
submitted through a congressional member who can ask a military service to
review a proposal for a decoration.
The complete AFPC/DPPPR evaluation is at Exhibit C.
The AFBCMR Medical Consultant recommends the applicant’s records be changed
to reflect she received a medical retirement with a 30 or 50 percent
disability rating. The Medical Consultant states she was displaying signs
of PTSD. It is uncertain how disabling her mental health conditions were
at the time of discharge. Usually psychiatric reports include an
assessment of the social and industrial imparity for both military and
civilian life, but these were not included in her medical records, either
during or post-service. The mental health providers included a different
assessment tool, the Global Assessment of Functioning (GAF), which is not
as amenable in determining disability ratings. This is a rating scale from
1-100 to assess the social, occupational and psychological function of
adults. The GAF reports in her medical records at the time of discharge
were mostly rated between mid 50’s to low 60’s. A GAF between 61 and 70
indicates some mild symptoms or some difficulty in social, occupational or
school functioning, but generally functioning pretty well. GAFs between 51
and 60 are characteristics of moderate symptoms or moderate difficulty in
social, occupational or school functioning. The more severe cases are in
the 41 to 50 range. The GAFs between 31 and 40 show some impairment in
reality testing or communication or major impairment in several areas.
If a service member is determined to have an unfitting condition a MEB must
be initiated and completed within 30 days. The only way a service member
can opt out of an MEB would be if the service member’s date of separation
was quickly approaching and the MEB could not be completed prior to the
service member’s established date of separation. The service member would
be kept on active duty for disability processing. However, the enlisted
member can reject a request for a medical hold and could be allowed to
separate on their established DOS. In that case a medical hold would be
the appropriate action to keep the service member on active duty for
disability processing. She was determined to have an unfitting condition
as early as April 2003 and there was ample time for an MEB.
The AFBCMR Medical Consultant’s complete evaluation is at Exhibit D.
AFPC/DPSD recommends the requested relief be denied. DPSD states the
medical conditions she listed did not warrant an MEB or referral in the
disability evaluation system.
The complete AFPC/DPSD complete evaluation is at Exhibit F.
______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluations and states she concurs
with the evaluation from the AFBCMR Medical Consultant and did not respond
at first because she expected her case would have a positive outcome.
However, then she received the DPSD advisory which recommended denial with
very little explanation. She believes the DPSD evaluation cannot hold up
to the medical consultant’s evaluation because he is a medical professional
and officer and the DPSD person is not.
Applicant’s complete response is at Exhibit H.
______________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
An additional AFBCMR Medical Consultant evaluation was requested to address
the disparity in the recommended disability rating. The Medical Consultant
notes that in none of her clinical encounters was there a need for
inpatient care or treatment, which would support a rating of 50 percent and
recommends she be permanently retired with a 30 percent disability rating.
The AFBCMR Medical Consultant’s complete evaluation is at Exhibit I.
______________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the additional Air Force evaluation was forwarded to the
applicant on 30 Apr 08, for review and response within 30 days. As of this
date, no response has been received by this office.
______________________________________________________________
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 an injustice regarding her request for award of
the AFCM. We took notice of the applicant's complete submission in judging
the merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility and adopt
its rationale as the basis for our conclusion that the applicant has failed
to sustain her burden of proof that she has suffered either an error or an
injustice. Therefore, in view of the foregoing, we find no compelling
basis to recommend granting this portion of her request.
4. Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice regarding her request for a disability
separation. In this regard, the AFBCMR Medical Consultant has provided
evaluations which indicate that the applicant's medical conditions were not
properly adjudicated or given full and fair consideration prior to her
separation from active duty. The Medical Consultant believes, based on her
Global Assessment Functioning and a description of her activities, that a
disability retirement with a compensable rating of 30 percent would have
occurred had the appropriate actions been taken. We agree with the
assessments and recommend her 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:
a. On 2 August 2003, she was found unfit to perform the duties
of her office, rank, grade, or rating by reason of physical disability,
incurred while she was entitled to receive basic pay; that the diagnosis in
her case was Post Traumatic Stress Disorder and Major Depression, VASRD
code 9411, rated at 30%; that the degree of impairment was permanent; that
the disability was not due to intentional misconduct or willful neglect;
that the disability was not incurred during a period of unauthorized
absence; and that the disability was not received in the line of duty as a
direct result of armed conflict or caused by an instrumentality of war.
b. On 3 August 2003, she was retired by reason of physical
disability under the provisions of AFI 36-3212.
c. On 3 August 2003, she elected spouse and child coverage
under the Survivor Benefit Plan (SBP) based on full retired pay.
______________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2007-
00615 in Executive Session on 11 Jun 08 under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Steven A. Cantrell, Member
Mr. Michael J. Novel, Member
All members voted to correct the records as recommended. The following
documentary evidence pertaining to AFBCMR Docket Number BC-2007-00615 was
considered:
Exhibit A. DD Form 149, dated 21 Feb 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 19 Apr 07.
Exhibit D. Letter, AFBCMR Medical Consultant, dated 19 Oct
07.
Exhibit E. Letter, SAF/MRBR, dated 22 Oct 07.
Exhibit F. Letter, AFPC/DPSD, dated 10 Jan 08.
Exhibit G. Letter, SAF/MRBR, dated 18 Jan 08.
Exhibit H. Letter, Applicant, dated 31 Jan 08.
Exhibit I. Letter, AFBCMR Medical Consultant, dated 25 Apr
08.
Exhibit J. Letter, SAF/MRBC, dated 30 Apr 08.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR BC-2007-00615
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 be corrected to show that:
a. On 2 August 2003, she was found unfit to perform the duties
of her office, rank, grade, or rating by reason of physical disability,
incurred while she was entitled to receive basic pay; that the diagnosis in
her case was Post Traumatic Stress Disorder and Major Depression, VASRD
code 9411, rated at 30%; that the degree of impairment was permanent; that
the disability was not due to intentional misconduct or willful neglect;
that the disability was not incurred during a period of unauthorized
absence; and that the disability was not received in the line of duty as a
direct result of armed conflict or caused by an instrumentality of war.
b. On 3 August 2003, she was retired by reason of physical
disability under the provisions of AFI 36-3212.
c. On 3 August 2003, she elected spouse and child coverage
under the Survivor Benefit Plan (SBP) based on full retired pay
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2010 | BC-2010-02701
Further, it must be noted the service disability boards must rate disabilities based on the individual's condition at the time of evaluation. After using these functional capabilities to determine the individuals level of impairment in social and industrial/occupational environments, a mental condition will then be characterized as mild, definite/moderate, considerable, severe, or total; with a disability rating of 10, 30, 50, 70 or 100 percent. The complete AFBCMR Medical Consultant...
AF | BCMR | CY2013 | BC-2012-03087
The OSA has responded well to CPAP. On 4 June 2010, the applicant non-concurred with the IPEB findings and requested a formal hearing with counsel, contending she was unfit for duty and should receive a 30 percent disability rating for her Depression with Anxiety and another 30 percent for migraine headaches for a combined disability rating of 50 percent and a permanent retirement. The FPEB considered her OSA as a condition that could be unfitting but was not currently compensable or...
AF | BCMR | CY2011 | BC 2011 03032
Further, it must be noted that the service disability boards must rate disabilities based on the individual's condition at the time of evaluation. A complete copy of the AFPC/DPSD evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The evidence indicates at the time of the IPEB the applicant had not received a diagnosis for a personality disorder. After thoroughly reviewing the evidence of record and the...
AF | BCMR | CY2011 | BC-2011-03032
Further, it must be noted that the service disability boards must rate disabilities based on the individual's condition at the time of evaluation. A complete copy of the AFPC/DPSD evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The evidence indicates at the time of the IPEB the applicant had not received a diagnosis for a personality disorder. After thoroughly reviewing the evidence of record and the...
AF | BCMR | CY2009 | BC-2008-01824
JA opines the possibility that the member’s attempt to add the sleep apnea to the MEB delayed the process; however, it is unclear how the LOD board’s subsequent finding of EPTS might have impacted the MEB process. Her complete response is at Exhibit F. _________________________________________________________________ BCMR MEDICAL CONSULTANT EVALUATION: The BCMR Medical Consultant recommends medically retiring the deceased service member with a 30 percent disability rating, effective 24 Jan...
AF | BCMR | CY2009 | BC-2008-01249
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01249 INDEX CODE: COUNSEL: HEARING DESIRED: _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was promoted to the grade of Technical Sergeant (E-6) effective and with a date of rank of 1 Apr 05, and medically retired in the grade of E-6. The complete DPSD evaluation is at Exhibit...
AF | BCMR | CY2008 | BC-2008-01249
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01249 INDEX CODE: 108.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was promoted to the grade of Technical Sergeant (E-6) effective and with a date of rank of 1 Apr 05, and medically retired in the grade of E-6. He appealed this decision to the FPEB, at which...
AF | BCMR | CY2010 | BC-2009-02261
_________________________________________________________________ APPLICANT CONTENDS THAT: The medical board determined that her disability resulted from her military service; however, this was not reflected on her discharge paperwork. On 18 Apr 03, the Informal Physical Evaluation Board (IPEB) found the applicant unfit for further service and recommended her discharge under other than Chapter 61, Title 10 United States Code (USC) at the rating of 10 percent, but without compensation (as...
AF | BCMR | CY2010 | BC-2010-01183
________________________________________________________________ THE APPLICANT CONTENDS THAT: Her injury to the neck was caused by her Interceptor Body Armor (IBA), incurred while engaged in hazardous service and/or was a direct result of combat. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSD recommends denial, stating, in part, a preponderance of evidence reflects no error or injustice occurred during the disability process or at the...
AF | BCMR | CY2012 | BC-2012-02228
The IPEB noted that she had declined further “ablation surgery.” On 9 March 2006, the applicant concurred with the findings and recommended disposition of the IPEB. The complete AFBCMR Medical Consultant evaluation is at Exhibit G. _________________________________________________________________ 5 APPLICANT’S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: On 15 Feb 13, by letter, the applicant amended her request and now ask to be medically retired instead of being returned to duty. ...