RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02449
            INDEX CODE:  145.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive  a  permanent  medical  retirement  rather  than  discharge  with
severance pay, effective 21 July 2005.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not fully comprehend the ramifications when  he  concurred  with  the
Formal Physical Evaluation Board (FPEB)  findings.   He  realizes  now  that
there are differences in benefits if he were medically  retired  instead  of
being discharged with severance pay.  He has full custody  of  his  children
and would like to be eligible for Tri-Care benefits.

In support of his request, the applicant has provided  documents  associated
with his disability evaluation system (DES) processing.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 5 September 2003, he was placed on the Temporary Disability Retired  List
(TDRL) and honorably retired in the  grade  of  senior  airman  (E-4)  after
serving in the Regular Air Force for 4 years, 2 months and 19 days.

On 26 July 2005, the applicant was removed from the TDRL and was  discharged
in the grade of  senior  airman  by  reason  of  physical  disability,  with
entitlement to disability severance pay.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends  denial  of  the  applicant's  stated
request.  The Medical Consultant states that on or about 19 June  2003,  the
applicant met a Medical Evaluation Board (MEB) for behavioral changes.   The
MEB narrative showed that he had  suicidal  gestures  and  was  subsequently
prescribed anti-depressants.

On 5 September 2003, he met an Informal  Physical  Evaluation  Board  (IPEB)
which placed him on the TDRL with a 30 percent disability rating  for  Post-
Traumatic Stress Disorder (PTSD) associated with Panic Disorder.

On 6 December 2004, he had a TDRL re-evaluation where he  reported  that  he
was no longer taking the prescribed medication due  to  adverse  effects  of
taking the  medicine.   The  IPEB  recommended  discharge  with  10  percent
severance pay; this new rating is a decreased rating from 30 percent  to  10
percent.

On 3 March 2005, the applicant strongly disagreed with the findings  of  the
PEB; although, he waived his rights for a formal hearing, he  did  submit  a
written rebuttal stating that he struggles living an ordinary life.

On 3 May 2005,  the  FPEB  held  an  independent  hearing  to  evaluate  the
findings of the IPEB.  The FPEB agreed with the findings  of  the  IPEB  and
concurred that the 10 percent  disability  rating  with  severance  pay  was
appropriate for his medical condition.  Thereafter,  the  Secretary  of  the
Air Force  Personnel  Council  (SAFPC)  reviewed  the  FPEB's  findings  and
concluded that  the  evaluating  psychiatrist  noted  that  the  applicant's
condition had not changed and remained at the definite level of  impairment;
the definite level of impairment  could  warrant  a  30  percent  disability
rating.

The Medical Consultant reminds the Board that they are to determine  whether
there has been an injustice or error in the management  of  the  applicant's
case and if the final disability rating  is  the  appropriate  rating.   The
applicant did agree to the findings of the FPEB; however,  his  psychiatrist
believed his condition had not changed since the last  evaluation  board  in
2003, which found his medical condition  as  being  evaluated  as  definite.
The Medical Consultant offers that if the applicant's medical condition  had
not changed it could be inferred that the disability rating  of  30  percent
should have not changed.  He noted that the applicant was warned about  non-
complying with the recommended therapies and  that  it  could  result  in  a
disability rating reduction.  Additionally, he also noted that if the  Board
restored the applicant's TDRL status it would allow further  review  by  the
government to get a more accurate assessment of the  level  of  severity  of
his social and industrial functions.


The Medical Consultant's complete evaluation is at Exhibit C.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  12
September 2008 for review and comment within 30  days.   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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice warranting a measure of relief.  In  this
regard, when the applicant was initially placed on the  TDRL  his  condition
was diagnosed with a "definite" level of impairment, which coincides with  a
30% disability rating in accordance with the VASRD.   Upon  reevaluation  it
was determined by the FPEB that his condition was at  the  "mild"  level  of
impairment, consistent with a 10% rating.  However, as  noted  by  the  BCMR
Medical  Consultant,  at  the  time  of  TDRL  reevaluation  his   attending
psychiatrist opined  that  his  condition  had  not  changed  since  he  was
initially placed  on  the  TDRL  and  remained  at  a  "definite"  level  of
impairment.  The  disparity  between  the  determination  of  the  attending
psychiatrist and the FPEB appears  to  be  based  upon  the  fact  that  the
applicant deviated from the prescribed  course  of  treatment,  choosing  to
follow an alternative form of therapy.  Based on  this,  we  are  unable  to
ascertain whether or not the  severity  of  the  applicant's  condition  was
properly adjudicated during  his  reevaluation.   It  is  our  opinion  that
because of  the  differing  medical  opinions,  the  applicant  should  have
remained on the TDRL for further observation and evaluation.  Restoring  the
applicant's TDRL status would  enable  the  Air  Force  to  more  accurately
reevaluate the level of impairment.  Therefore, we recommend his 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.  He was not removed from the Temporary Disability  Retirement  List
(TDRL) and discharged with severance pay  on  26  July,  2005,  but  he  was
continued on the TDRL.

      b.  A TDRL reevaluation be  performed  and  the  results  of  the  re-
evaluation be forwarded to the Air Force Board for  Correction  of  Military
Records  at  the  earliest  practicable  date  so  that  all  necessary  and
appropriate actions may be completed.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2008-
02449 in Executive Session on 23 October 2008, under the provisions  of  AFI
36-2603:

      Thomas E. Markiewicz, Panel Chair
      Mr. Elwood C. Lewis III, Member
      Mr. Kurt R. LaFrance, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 June 2008, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, BCMR Medical Consultant, dated
                     8 September 2008.
     Exhibit D.  Letter, SAF/MRBR, dated 12 September 2008.




                                   THOMAS E. MARKIEWICZ
                                   Panel Chair