RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00428 

 INDEX CODE: 108.02 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His removal from the Temporary Disability Retired Listed (TDRL) 
be reconsidered with his nonconcurrence to the Informal Physical 
Evaluation Board (FPEB). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He faxed his request for a Formal Physical Evaluation Board 
(FPEB). The request was not considered in the decision of his 
TDRL status. 

 

In support of his application, applicant provides a copy of the 
Action on the Findings and Recommended Disposition of the USAF 
Physical Evaluation Board. 

 

Applicant's complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 29 Nov 95, the applicant contracted his initial enlistment in 
the Regular Air Force. He was progressively promoted to the 
grade of staff sergeant, having assumed the grade effective and 
with a date of rank of 1 Mar 01. 

 

The applicant's records reflect in April 2002, he self-referred 
to Life Skills due to an anxiety while flying. He again 
reported to Life Skills in July 2004 due panic attacks. He was 
diagnosed with an Anxiety Disorder. On 27 Jun 05, he underwent 
an MEB for a Panic Disorder without Agoraphobia, and a history of 
fear of flying. The IPEB found him unfit and placed him on the 
TDRL with a 30 percent disability rating. 

 

On 21 Feb 07, the applicant received his first TDRL mental health 
reassessment and the psychiatrist determined the applicant’s 
medical condition had remained the same since his MEB. On 
5 Apr 07, he underwent a TDRL reevaluation and the IPEB 


recommended retaining him on the TDRL although his condition had 
improved since being placed on the TDRL but it had not yet 
stabilized. On 7 Oct 08, he underwent his second TDRL 
reevaluation and it was deemed his medical condition was in 
remission. On 24 Dec 08, the IPEB reviewed his case and 
determined his medical condition had stabilized. The IPEB noted 
that the evaluating psychiatrist noted the applicant had been 
without major psychiatric symptoms for one year and that his 
condition was in remission. It was also noted that he was at risk 
for a recurrent exacerbation of his medical condition if re-
exposed to the military environment. The IPEB found him unfit 
and recommended removal from the TDRL and discharge with 
severance pay with a 10 percent disability rating. 

 

On 5 Jan 09, the findings of the IPEB were forwarded to the 
applicant. He had until 30 Jan 09 to return his signed election. 
However, due to administrative changes and no response from the 
applicant his case was not finalized until 7 Jan 10. He was 
removed from the TDRL on 27 Jan 10. He was discharged with 
severance pay with a 10 percent disability rating. He was 
credited with 9 years, 9 months and 25 days of active service; 
and 14 years, 1 month and 29 days of service for severance pay. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial of the applicant’s request. DPSD 
states the applicant was forwarded the recommendation of the IPEB 
with a suspense to respond by 30 Jan 09. However, due to 
administrative changes his case was filed as inactive and not 
finalized until 7 Jan 10. The applicant contends he faxed his 
election statement on 21 Jan 09 requesting a formal hearing. 
There was no copy of his election in his case file. The only 
copy that was received was date stamped 19 Jan 10. 
Unfortunately, the header on the faxed copy has a date indicator 
as 7-02-1996 as the transmittal date. DPSD further states the 
preponderance of evidence does not reflect that no error or 
injustice occurred during the disability process. 

 

The complete AFPC/DPSD evaluation is at Exhibit C. 

 

The BCMR Medical Consultant recommends denial of the applicant’s 
request for a hearing by the FPEB and change in his disability 
rating. The Medical Consultant states the applicant’s final 
clinical evaluation plainly showed that his medical condition had 
improved for the better since his initial TDRL placement, by 
virtue of the determination that his medical condition was in 
remission. When there has been significant improvement in a 
medical condition at the time of TDRL re-evaluation, the 


disability rating is correspondingly adjusted (reduced or 
increased) to match the level of functional impairment present. 
Although, the applicant should not have been deprived of his 
right to an FPEB hearing, the Medical Consultant is of the 
opinion that had his case been reviewed before an FPEB, with the 
evidence provided, he, more likely than not, would have been 
issued the same decision rendered by the IPEB. Further, unless 
additional evidence shows the applicant's clinical status to be 
worse (or unchanged) than characterized by the evaluating 
psychiatrist, it is likely that the Secretary of the Air Force 
Personnel Council (SAFPC) would have upheld the decision of the 
IPEB and FPEB upon further appellate review. 

 

The complete BCMR Medical Consultant's evaluation, with 
attachment, is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 26 Oct 10 for review and comment within 30 days. As 
of this date, this office has received no response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

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

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. The 
applicant’s contentions are duly noted; however, we agree with 
the opinions and recommendations of the Air Force office of 
primary responsibility and the BCMR Medical Consultant and adopt 
their rationale as the basis for our conclusion the applicant has 
failed to sustain his burden of proof of the existence of either 
an error or injustice. The applicant has not provided sufficient 
evidence to show he submitted his nonconcurrence to the IPEB’s 
recommendation within the specified timeframe. We note the 
applicant’s final clinical evaluation showed that his overall 
medical status had improved since his placement on the TDRL and 
that his condition was in remission. Although the applicant did 
not receive a hearing by the FPEB, the evidence supports the FPEB 
more than likely would have concurred with the decision of the 
IPEB; and the evidence further supports that SAFPC would have 
upheld the decision of the IPEB and FPEB, unless additional 
documentation was provided. Therefore, 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 AFBCMR Docket 
Number BC-2010-00428 in Executive Session on 7 Dec 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 21 Jan 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 11 Mar 10. 

 Exhibit D. Letter, AFBCMR Medical Consultant, dated 

 15 Oct 10. 

 Exhibit E. Letter, SAF/MRBR, dated 26 Oct 10. 

 

 

 

 

 

 Panel Chair