RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03703
            INDEX CODE:  128.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to reflect she was permanently retired  with  a  50
percent disability rating  due  to  a  diagnosis  of  Post-Traumatic  Stress
Disorder (PTSD).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was placed on the Permanent Disability Retired List (PDRL) on 21 Aug  07
for PTSD incurred while in a combat zone and received  a  disability  rating
of 30 percent.

A Department of Defense (DoD) memo dated 17 Jul 09  states  that  discharges
and/or separation for PTSD after 11 Sep 01 should receive no less than a  50
percent disability rating from the service.

In support of her request, the applicant submits copies of her DD Form  214,
Certificate of Release or Discharge from Active Duty, her Informal  Physical
Evaluation  Board  (IPEB)  findings,  her  retirement  orders  and   a   DoD
Memorandum.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was honorably discharged from active duty on 20  Aug  07,  and
permanently disability retired on 21 Aug 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 B.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends establishing the applicant’s  rating,
in a de facto temporary disability rating of 50  percent  times  six  months
for pay purposes, followed by resumption of permanent retirement with  a  30
percent disability rating.

While the applicant should receive pay at the 50 percent  disability  rating
for the six months following her retirement, the  Medical  Consultant  finds
no objective basis upon which to render a finding  of  permanent  retirement
with a 50 percent or more disability  rating  thereafter.   However,  should
the applicant provide evidence of disability ratings of 50 percent  or  more
by the Department of  Veterans  Affairs,  either  effective  the  day  after
retirement or the result of  a  re-evaluation  conducted  within  12  months
after her initial  retirement  date,  the  Medical  Consultant  opines  this
should be taken into  account  for  a  reconsideration  of  the  applicant’s
implicit request.

The Medical Consultant points  out  that  the  law  mandates  that  Military
Departments rely  solely  upon  the  Veterans  Administration  Schedule  for
Rating Disabilities (VASRD)  when  determining  disability  ratings  awards;
however, this does not remove the basic statutory  differences  between  the
two rating agencies.

The complete BCMR Medical Consultant’s evaluation, with  attachment,  is  at
Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30  Mar
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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error  or  injustice  warranting  some  relief.   We  note  the
requirements set forth in the policy memorandum issued by the Office of  the
Under Secretary of Defense regarding disability ratings  for  PTSD  and  the
comments provided by  the  BCMR  Medical  Consultant.   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  been  the
victim of an error or injustice.  Therefore, we  recommend  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 20 August 2007, the applicant 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
diagnosis in her case was Post Traumatic Stress Disorder, a condition  which
is rated at a compensable percentage of 50% for an  initial  period  of  six
months following separation, with subsequent fitness  and  PTSD  ratings  of
30%, 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 20 August 2007, she was relieved from active  duty  and  on  21
August 2007, she was permanently  disability  retired  in  the  retired  pay
grade of Senior Master Sergeant with a compensable percentage  for  physical
disability of 50 percent for six  months,  for  pay  purposes,  followed  by
continuation  of  permanent  retirement  with  a  30   percent   compensable
disability rating.

_______________________________________________________________

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-2009-03703:

      Exhibit A.  DD Form 149, dated 9 Sep 09, w/atchs.
      Exhibit B.  Letter, BCMR Medical Consultant, dated 29 Mar 10.
      Exhibit C.  Letter, SAF/MRBR, dated 30 Mar 10.




                                   Vice Chair


AFBCMR BC-2009-03703




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 20 August 2007, the applicant 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
diagnosis in her case was Post Traumatic Stress Disorder, a condition which
is rated at a compensable percentage of 50% for an initial period of six
months following separation, with subsequent fitness and PTSD ratings of
30%, 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 21 August 2007, her name was not placed on the Permanent
Disability Retired List (PDRL), but on that date, her name was placed on
the Temporary Disability Retired List (TDRL), with a compensable disability
rating of 50 percent.

         c.  She was removed from the TDRL on 26 February 2008, and on 27
February 2008, she was permanently retired in the grade of Senior Master
Sergeant by reason of physical disability with a 30 percent compensable
disability rating for PTSD.




     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency