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AF | BCMR | CY2010 | BC-2009-03948
Original file (BC-2009-03948.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03948
            INDEX CODE:  128.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect  he  received  a  50  percent  disability
rating for Post-Traumatic Stress Disorder (PTSD).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Office of the Secretary of Defense (OSD) has ruled that  discharges  and
separations for PTSD will be granted  a  minimum  disability  rating  of  50
percent.

In support of his request, the applicant submits copies of his DD Form  214,
Certificate of Release or Discharge from Active Duty, his retirement  order,
his Informal  Physical  Evaluation  Board  findings,  his  Veterans  Affairs
rating decision, and the OSD memorandum.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was placed on the Temporary Disability Retired List (TDRL)  on
12 Jun 06.  He was removed from the TDRL on 20 Aug 09, and  retired  in  the
grade of senior airman.  He served 4 years, 11 months and 3 days  on  active
duty.

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 a partial grant  of  the  applicant’s
request by granting him a 50 percent disability rating (without  any  rating
reduction) for the period he was on  the  TDRL  status;  however,  following
this period, the final determination of removal from the TDRL and  permanent
retirement with a 30 percent disability rating should remain unchanged.

The Medical Consultant  believes  the  applicant  should  be  awarded  a  50
percent disability rating for the six-month period  following  his  date  of
placement on the TDRL, 13 Jun 06.  Payments issued to  individuals  in  TDRL
status are made at the minimum 50 percent level;  therefore,  the  applicant
does not earn any additional retroactive payments for his  period  while  in
TDRL status.

The Department  of  Defense  (DoD)  policy  requires  subsequent  disability
rating determinations, made after the initial six-month observation  period,
be based upon applicable evidence.  The Medical Consultant notes  the  final
determination of 30 percent disability was made  well  after  the  six-month
period and was based on a psychiatric reevaluation made  on  9  Jan  09,  as
well as evidence from the  Veterans  Affairs  of  their  evaluation  of  the
applicant’s disability.

The Medical Consultant opines the final determination made by the  TDRL  PEB
was appropriate and meets the DoD requirement stated in the 17 Jul 09  memo.
 However, the Medical Consultant notes the applicant has not met the  burden
of proof that a higher rating would be applicable at this time as  there  is
no  evidence  supplied  to  support  a  final  determination  of   permanent
retirement with a 50 percent disability rating.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  4  Jun
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  of  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  that   the
applicant should be awarded a 50 percent  disability  rating  for  the  six-
month period following his date of placement on the  TDRL.   However,  there
is no evidence supplied  to  support  a  final  determination  of  permanent
retirement with a 50 percent disability  rating.   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 12 Jun 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%  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 13 Jun 06, his name was  placed  on  the  Temporary  Disability
Retired List (TDRL), with a compensable disability rating of 50 percent.

c.  On 20 Aug 09, he was removed  from  the  TDRL  and  he  was  permanently
retired in the grade of Senior Airman by reason of physical disability  with
a 30 percent compensable disability rating for PTSD.

_______________________________________________________________

The following members of the Board considered this application in  Executive
Session on 18 Aug 10, under the provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

All  members  voted  to  correct  the  record.   The  following  documentary
evidence was considered in AFBCMR BC-2009-03948:

      Exhibit A.  DD Form 149, dated 17 Sep 09, w/atchs.
      Exhibit B.  Letter, BCMR Medical Consultant, dated 25 May 10.
      Exhibit C.  Letter, SAF/MRBR, dated 4 Jun 10.




                                   Panel Chair

AFBCMR BC-2009-03948




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 12 Jun 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% 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 13 Jun 06, his name was placed on the Temporary
Disability Retired List (TDRL), with a compensable disability rating of 50
percent.

            c.  On 20 Aug 09, he was removed from the TDRL and he was
permanently retired in the grade of Senior Airman by reason of physical
disability with a 30 percent compensable disability rating for PTSD.




     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency






"This document contains information which must be protected IAW AFI 33-332
and DoD Regulation 5400.11; Privacy Act of 1974 as amended applies, and it
is For Official Use Only (FOUO)."

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