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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