RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03146
            INDEX CODE:  108.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His medical retirement disability rating of 30 percent be  increased  to
50 percent.

2.  His rank and pay grade on his DD Form 214,  Certificate  of  Release  or
Discharge from Active Duty, be changed to reflect Technical Sergeant  (TSgt)
and E-6.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His disability was a direct result  of  a  combat-related  injury.   He  was
placed on the Permanent Disability Retired List (PDRL)  on  11  Oct  06  for
Post-Traumatic Stress Disorder (PTSD) and received a 30  percent  disability
rating.  In accordance with a memorandum issued by the Office of  the  Under
Secretary of Defense (OSD), he should be granted a disability rating of  not
less than 50 percent for PTSD unfitting conditions for an initial period  of
six months following separation.

His rank and pay grade  in  the  Defense  Enrollment  Eligibility  Reporting
System (DEERS) is shown as TSgt and his DD Form 214 should be changed.

In support of his request, the applicant submits copies of his DD Form  214,
his retirement orders, his medical board findings, his  identification  card
and the OSD memorandum.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On  10  Oct  06,  the  applicant  was  honorably  discharged  for  permanent
disability with a compensable  percentage  for  physical  disability  of  30
percent.  He served 9 years, 6 months and 29 days on active  duty.   He  was
retired in the grade of staff sergeant (highest grade held on active  duty);
however, he received a retired pay grade of E-6 per  AFI  36-3212,  Physical
Evaluation for Retention, Retirement and Separation.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends denial of the applicant’s request to have  his  rank
changed on his DD Form 214.  The applicant was  selected  for  promotion  to
TSgt in Aug 06.  On 29  Aug  06,  the  Secretary  of  the  Air  Force  (SAF)
determined he was unfit for further service and directed he  be  permanently
retired.   This  rendered  the  applicant  ineligible  for   promotion   and
prevented the applicant from pinning on the higher grade of  TSgt.   His  DD
Form 214 reflects SSgt which is the grade he was  wearing  at  the  time  of
separation; however, he was retired in the higher grade of TSgt.

The complete DPPD evaluation is at Exhibit C.

BCMR MEDICAL CONSULTANT’S EVALUATION:

The BCMR  Medical  Consultant  recommends  granting  the  applicant  partial
relief by amending his record to reflect that he  was  placed  on  the  TDRL
with a  50  percent  disability  rating,  effective  the  existing  date  of
retirement for a period of six months, but to be followed by restoration  of
the permanent retirement with a 30 percent disability rating.

The Medical  Consultant  notes  at  the  time  of  the  applicant’s  Medical
Evaluation  Board  (MEB),  the  evaluating   psychiatrist   determined   the
applicant’s level of impairment in social and  industrial  adaptability  was
Definite, which was consistent with  assigning  the  30  percent  disability
rating  he  received.   However,  under  currently  established  policy,  to
include the DoD memorandum and, specifically, Section 4.129 of the  Veterans
Administration Schedule for  Rating  Disabilities,  which  reads:   “When  a
mental disorder that develops in service as a result of a  highly  stressful
event is severe enough to bring about  the  veteran’s  release  from  active
military service, the rating agency shall assign an evaluation of  not  less
than 50 percent and schedule an examination within  the  six  months  period
following  the  veteran’s  discharge  to  determine  whether  a  change   in
evaluation is warranted.”

Although  the  applicant’s  military  and  Veterans  Administration  Medical
Center (VAMC) physicians already observed and treated him  over  the  course
of nearly a year prior to his retirement, the Medical Consultant  recommends
changing the record to reflect that the applicant was placed in a  de  facto
TDRL status with a 50 percent disability rating for  an  initial  period  of
six months, to be followed by a subsequent rating determination  based  upon
the applicable evidence, in compliance with DoD policy  and  the  law.   The
Medical Consultant notes that no evidence has been presented to reflect  the
applicant’s PTSD should remain rated at a 50 percent or  greater  disability
rating  following  the  regulatory  six-month  period  of  observation   and
treatment.  Thus, absent evidence that his disability rating  should  remain
unchanged at 50 percent or  higher,  the  Medical  Consultant  recommends  a
final determination of permanent retirement with  a  30  percent  disability
rating.  The recommended change in the rating would  warrant  an  adjustment
of the applicant’s retired  pay  for  the  six-month  period  following  his
initial date of retirement.

The complete BCMR Medical Consultant’s evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates his  earlier  contentions  and  submits  additional
documentation in support of his claim.

The applicant’s complete submission, with attachments, is at Exhibit G.

Examiner’s Note:  The BCMR Medical Examiner reviewed the applicant’s  latest
submission, to include medical evidence not  previously  made  available  to
him at the time of his initial medical  advisory.   The  Medical  Consultant
states the applicant has  been  diagnosed  with  PTSD  and  was  permanently
retired with a 30% disability rating.  His recommendation was to  grant  the
applicant relief for the initial six months with a rating  of  50%,  but  to
then revert back to the 30% rating, mainly  and  principally  because  there
was NO evidence supplied after the 6-month period to justify  retaining  the
50% disability rating.  The applicant has since supplied evidence  from  the
Department of  Veterans  Affairs,  which  reflects  he  was  awarded  a  50%
disability rating effective  11  Oct  06,  and  that  this  rating  remained
unchanged at subsequent compensation and pension rating determinations  made
on 12 Sep 07,, and 20  Aug  09.   Thus,  in  consideration  of  the  medical
evidence provided (in accordance with DoD Memorandum, dated 17 Jul 09),  the
Medical Consultant recommends granting the applicant the  proper  relief  by
changing the record to reflect that he was retired permanently  with  a  50%
disability rating.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has not  been  presented  to  demonstrate
the existence of error or injustice regarding  the  applicant’s  request  to
change his rank to Technical Sergeant on his DD Form 214.   The  applicant’s
contentions  are  duly  noted;  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  not
been the victim of an error or injustice.   Therefore,  in  the  absence  of
evidence to the contrary, we  find  no  basis  to  recommend  granting  this
portion of the applicant’s request.

4.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice regarding the  applicant’s  request  for  an
increase in his disability rating.  After reviewing the evidence of  record,
the BCMR Medical Consultant  has  recommended  the  applicant’s  records  be
corrected to show he was placed on the  Permanent  Disability  Retired  List
(PDRL) with an assigned rating of 50 percent.  Based on our  review  of  the
evidence of record, we agree with the  opinion  and  recommendation  of  the
BCMR Medical Consultant and  adopt  his  rationale  as  the  basis  for  our
conclusion that the applicant’s record  should  be  corrected  only  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 10 Oct 06, the applicant was found unfit to perform the  duties
of his office, rank, grade, or rating  by  reason  of  physical  disability,
incurred while he was entitled to receive basic pay; that the  diagnosis  in
his case was Post Traumatic Stress Disorder, a condition which is  rated  at
a compensable percentage of 50% under Veterans Administration  Schedule  for
Rating Disabilities (VASRD) code 9411; 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 received in  the  line  of
duty as a direct result of armed conflict or caused  by  an  instrumentality
of war.

      b.  On 10 Oct 06, he was relieved from active duty and on  11 Oct  06,
he was  permanently  disability  retired  in  the  pay  grade  of  Technical
Sergeant with compensable percentage for physical disability of 50 percent.

_______________________________________________________________

The following members of the Board considered this application in  Executive
Session on 27 Jul 10, under the provisions of AFI 36-2603:

      , Vice Chair
      , Member
      , Member

All members voted to correct  the  record  as  recommended.   The  following
documentary evidence was considered in AFBCMR BC-2009-03146:

      Exhibit A.  DD Form 149, dated 5 Aug 09, w/atchs.
      Exhibit B.  Applicant’s Military Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPD, dated 8 Mar 10.
      Exhibit D.  Letter, SAF/MRBR, dated 2 Apr 10.
      Exhibit E.  Letter, BCMR Medical Advisor, dated 12 May 10.
      Exhibit F.  Letter, SAF/MRBR, dated 21 May 10.
      Exhibit G.  Letter, Applicant, dated 16 Jun 10, w/atchs




                                   Vice Chair



AFBCMR BC-2009-03146




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 APPLICANT be corrected to show that:

            a.  On 10 Oct 06, the applicant was found unfit to perform the
duties of his office, rank, grade, or rating by reason of physical
disability, incurred while he was entitled to receive basic pay; that the
diagnosis in his case was Post Traumatic Stress Disorder, a condition which
is rated at a compensable percentage of 50 % under Veterans Administration
Schedule for Rating Disabilities (VASRD) code 9411; 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 received in
the line of duty as a direct result of armed conflict or caused by an
instrumentality of war.

            b.  On 10 Oct 06, he was relieved from active duty and on
11 Oct 06, he was permanently disability retired in the pay grade of
Technical Sergeant with compensable percentage for physical disability of
50 percent.




     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency




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