RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00762
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect that she was permanently retired
by reason of a physical disability.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There was significant evidence that she was suffering seriously from
post-traumatic stress disorder (PTSD), but she was not given a
disability rating for the condition.
She should have received a higher disability rating from the Air Force
that would have resulted in her medical retirement.
In support of her appeal, the applicant provides an expanded
statement, extracts from her military personnel and medical records,
and documentation from the Department of Veterans Affairs (DVA).
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s available military personnel records indicate that while
she was serving on active duty in the Air National Guard in the grade
of staff sergeant, a Medical Evaluation Board (MEB) convened on 1 Apr
97 and established diagnoses of malingering, personality disorder,
chronic low back pain, and alcohol dependence. The MEB recommended
the applicant’s case be forwarded to a Physical Evaluation Board
(PEB).
On 23 Sep 97, an Informal PEB convened and diagnosed her with a L5-S1
degenerative arthritis, status post chemonucleolsis with mechanical
low back pain. The IPEB found the condition to be unfitting and
recommended the applicant be discharged with a 20 percent disability
rating and entitlement to severance pay.
On 3 Oct 97, the applicant agreed with the findings and recommended
disposition of the IPEB.
On 31 Oct 97, the applicant was released from active duty and
transferred to the ANG. She was credited with 15 years, 7 months, and
1 day of total active service.
On 7 Nov 97, she was honorably discharged from the ANG under the
provisions of AFI 36-3209 (Physical Disqualification Basis).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Medical Consultant, which is
attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Medical Consultant indicates that in view of the evidence of a
mental impairment prior to the applicant’s discharge, it is his
opinion the information should have been included in the determination
of the applicant’s fitness to serve. Had she been diagnosed with PTSD
prior to her discharge, it would have been an unfitting disorder.
However, if her personality disorder also had been included in the
disability rating computation, it is more likely than not that a
disability rating deduction would have been introduced for the
contributory and aggravating effect of this noncompensable and
nonratable factor. Using the initial 30 percent disability rating
rendered by the DVA as a point of reference, and after a disability
rating deduction, the applicant would likely have received a 10
percent disability rating for her PTSD. When combined with the 20
percent disability rating awarded for her mechanical low back pain, it
would result in a 30 percent disability rating, which would make the
applicant retirement eligible. Therefore, he recommends the
applicant’s records be corrected to reflect she was permanently
retired with a disability rating of 30 percent.
A complete copy of the Medical Consultant’s evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 9 Jul
08 for review and response within 30 days. 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. Having carefully reviewed this
application, we agree with the Medical Consultant that the applicant’s
records should be corrected to reflect that she was permanently
retired with a disability rating of 30 percent. Additionally, the
applicant’s records would normally be corrected to reflect an SBP
election. However, she has indicated that she was not married at the
time of the proposed retirement date; therefore, she elects not to
participate in the SBP. Thus, no further action regarding this matter
is necessary. Accordingly, we recommend that the applicant’s records
be corrected as 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 30 Oct 97, 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
diagnoses in her case were post-traumatic stress disorder (PTSD),
VASRD Code 9411, rated at 10 percent; and low back pain (mechanical),
VASRD Code 5237, rated at 20 percent; that the total combined
compensable percentage was 30 percent; 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. She was not released from active duty on 31 Oct 97, but, on
that date, she was permanently retired by reason of physical
disability with a 30 percent compensable disability rating.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 19 Nov 08 and 13 Jan 09, under the provisions of
AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Anthony P. Reardon, Member
Mr. James G. Neighbors, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number BC-
2008-00762 was considered:
Exhibit A. DD Form 149, dated 20 Feb 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Medical Consultant, dated 8 Jul 08.
Exhibit D. Letter, SAF/MRBR, dated 9 Jul 08.
Exhibit E. Electronic Mail, AFPC/DPSIAR, dated 13 Jan 09,
w/atchs.
WAYNE R. GRACIE
Panel Chair
AFBCMR BC-2008-00762
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 30 October 1997, 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 diagnoses in her case were post-traumatic stress disorder (PTSD),
VASRD Code 9411, rated at 10 percent; and low back pain (mechanical),
VASRD Code 5237, rated at 20 percent; that the total combined
compensable percentage was 30 percent; 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. She was not released from active duty on 31 October
1997, but, on that date, she was permanently retired by reason of
physical disability with a 30 percent compensable disability rating.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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