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AF | BCMR | CY2009 | BC 2009 00052
Original file (BC 2009 00052.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00052
		COUNSEL:  NONE
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His diagnosis of Paranoid Schizophrenia be changed to Post Traumatic Stress Disorder (PTSD).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His disability rights have been obstructed.  At the time of his discharge, PTSD had not been recognized as the appropriate war time diagnosis.  He believes his record should reflect PTSD as the reason for discharge.

In support of his request, the applicant provided a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, a complaint form to the U.S. Department Health and Humans Services, and a Department of Veterans Affairs (DVA) Rating Decision.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 20 July 1965, the applicant enlisted in the Regular Air Force in the grade of airman basic.

A Medical Evaluation Board (MEB) convened on 13 November 1967 and referred his case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of schizophrenic reaction, paranoid type.  The IPEB found him unfit for further military service based on the diagnoses of:  schizophrenic reaction, paranoid type with definite impairment for social and industrial adaptability.  The IPEB recommended placement on the Temporary Disability Retired List (TDRL) with a 30% disability rating.  A Medical Board Report reflects the applicant was reevaluated for schizophrenic reaction, paranoid type.  The case was referred to a Formal PEB (FPEB) on 11 July 1972, which recommended retirement with a 70% disability rating.  The Physical Review Council concurred with the recommendation and directed permanent retirement with a 70% disability rating.  The applicant agreed with the findings and recommended disposition of the FPEB.  On 9 August 1972, the applicant was removed from the TDRL and permanently retired in the grade of airman first class.  He served 2 years, 5 months, and 13 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSDD recommends denial.  DPSDD states the preponderance of evidence reflects the stated diagnosis is correct and no error or injustice occurred during the disability process.

The DPSDD complete evaluation is at Exhibit C.

The AFBCMR Medical Consultant recommends denial.  The AFBCMR Medical Consultant states even though PTSD may not have been an available diagnosis at the time of the applicant's military service, a mental health professional would have/should have been able to extract and list any signs and symptoms believed to be the result of an identifiable trauma, and to include these in the narrative summary if they were present at the time of evaluation.  In none of the applicant's evaluations (to include his initial MEB narrative summary and intervening periodic TDRL re-evaluations) was there a reference to signs or symptoms that could be attributed to PTSD.  The AFBCMR Medical Consultant opines the applicant has not met the burden of proof that an error or injustice has occurred that justifies a change in the diagnosis that resulted in his permanent retirement.

The AFBCMR Medical Consultant's complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AFBCMR MEDICAL CONSULTANT'S EVALUATION:

The applicant states he was inaccurately diagnosed as a paranoid schizophrenic at discharge.  He is currently being treated for PTSD and desires his record to reflect this diagnosis and requests full reinstatement of all benefits to which entitled.  His personal physician documents the diagnosis of PTSD did not exist at the time of his discharge; however, his records should be administratively corrected.  The failure to do so affected the determination of his disability benefits.

The applicant's complete response, with attachments, is at Exhibit F.

_________________________________________________________________



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 a thorough review of the evidence of record and the applicant’s submission, we believe that relief is not warranted and the applicant has not provided any evidence which would lead us to believe otherwise.  His contentions are duly noted; however, the detailed comments provided by the AFBCMR Medical Consultant adequately address these allegations.  Therefore, we agree with the opinions and recommendations of the Air Force office of primary responsibility and the AFBCMR Medical Consultant and adopt their rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof that he has suffered either an error or an injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or 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 2009-00052 in Executive Session on 25 August 2009, under the provisions of AFI 36-2603:

			, Panel Chair
			, Member
			, Member










The following documentary evidence pertaining to AFBCMR Docket Number 2009-00052 was considered:

   Exhibit A.  DD Form 149, dated 28 December 2008, w/atchs.
   Exhibit B.  Applicant's Master Personnel Record.
   Exhibit C.  Letter, AFPC/DPSDD, dated 23 February 2009.
   Exhibit D.  Letter, AFBCMR Medical Consultant, dated 
	             26 May 2009.
   Exhibit E.  Letter, SAF/MRBR, dated 12 June 2009.
   Exhibit F.  Letter, Applicant, dated 23 June 2009, w/atchs.




			
			Panel Chair



4


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