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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