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AF | BCMR | CY2010 | BC-2009-03702
Original file (BC-2009-03702.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03702
            INDEX CODE:  128.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His disability rating be increased to a minimum of no less than  50  percent
due to Post-Traumatic Stress Disorder (PTSD).

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 10 Oct 07, he was placed on the Temporary Disability Retired List  (TDRL)
for PTSD with a 30 percent disability rating.

He notes that the Department of Defense (DoD) memorandum  dated  17 Jul  09,
states “Therefore, as a matter of policy, the PDBR and all three BCMRs  will
apply Veterans  Administration  Schedule  for  Rating  Disabilities  (VASRD)
Section 4.129 to PTSD unfitting conditions for  applicant  discharged  after
11 Sep 01, and in such cases,  where  a  grant  of  relief  is  appropriate,
assign a disability rating of not less than 50 percent  for  PTSD  unfitting
conditions for an initial period of six months following  separations,  with
subsequent fitness and PTSD ratings based on the applicable  evidence.”   He
would like his disability rating increased based on this memorandum.

The applicant submitted no supporting documentation.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was honorably discharged on 10 Oct 07 and placed on  the  TDRL
effective 11 Oct 07.

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:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
notes service members on the TDRL with a 30 percent rating actually  receive
payments at the minimum 50 percent disability rating level.  He states  that
TDRL status determinations  are  made  when  a  member’s  medical  condition
presents at least 30 percent disabling,  but  is  believed  to  be  not  yet
stabilized  to  the  extent  that  warrants  a  final  determination,  e.g.,
permanent retirement.  While an individual is in TDRL  status,  his  or  her
disability rating(s) and payments are not subject to  change  or  adjustment
until at the time of TDRL re-evaluation (usually at  an  18-month  interval,
and, by statute, not to exceed  five  years)  a  determination  is  made  to
remove the individual from the TDRL.  When a determination is made that  the
condition has either improved, worsened, remained  the  same,  OR  has  been
resolved to  the  extent  that  a  final  determination  may  be  made;  the
disability rating would then be based upon the level of severity present  at
final disposition.

The Medical Consultant notes that since  the  applicant  has  not  yet  been
“discharged”  and  is  currently  receiving  payment  at  the   50   percent
disability rate, the DoD Memorandum directing the BCMR to  assign  a  rating
of no less than 50 percent for the six months following discharge  does  not
apply  in  his  case.   Retroactively  assigning  a  symbolic   50   percent
disability rating to the applicant’s case would have  no  bearing  upon  his
disability pay for the first six months or during the period he  remains  in
TDRL status.

The complete 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 the applicant on  9  Apr
10, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was time filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice.  Although the applicant is currently  on
the TDRL with a 30 percent disability rating, we note  that  he  is  already
receiving payments at the 50  percent  disability  rating  level,  which  in
essence is the intent of the Department of Defense  (DoD)  memorandum  dated
17 Jul 09.  Therefore, 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 has  not  been  the  victim  of  an  error  or
injustice.  In the absence of evidence to the contrary, we find no basis  to
recommend granting the relief sought in this application.

_______________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that 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 this application in  Executive
Session on 27 Jul 10, under the provisions of AFI 36-2603:

      Vice Chair
      Member
      Member

The following documentary evidence was considered in AFBCMR BC-2009-03702:

    Exhibit A.  DD Form 149, dated 20 Aug 09.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 7 Apr 10.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Apr 10.




                                   Vice Chair

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