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AF | BCMR | CY2009 | BC-2008-00762
Original file (BC-2008-00762.DOC) Auto-classification: Approved


                       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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