RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00550 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His honorable discharge be changed to a medical discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

There was enough medical and psychological evidence to warrant a 
medical discharge. 

 

In support of his appeal, the applicant provides extract copies 
from his medical records, a letter to his Congressman, his 
Department of Veterans Affairs (DVA) disability rating decisions 
and an article on Post Traumatic Stress Disorder (PTSD). 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 4 January 2001 
and was discharged on 3 January 2007 in the grade of staff 
sergeant due to completion of required active service. He served 
six years of active military service. 

 

The applicant’s medical records reflect he received an evaluation 
and ongoing treatment for anxiety and panic attacks. The 
applicant continued in another series of care episodes for 
anxiety, panic attacks, with agoraphobia and the addition 
diagnosis of PTSD, from January 2006 through July 2006. The 
evaluating mental health providers rendered the applicant non-
worldwide qualified. 

 

On 17 July 2009, a Memorandum from the Office of the Under 
Secretary of Defense directed the Physical Disability Board of 
Review (PDBR) in reviewing prior disability ratings to disregard 
any Military Department guidelines that were inconsistent with 
the Veterans Administration Schedule for Rating Disabilities 
(VASRD). While reliance on section 4.130, rather than section 
4.129, was arguably consistent with the VASRD, the PDBR has 
concluded that equity favors giving applicants the benefit of 
section 4.129. Consultations with the BCMRs indicate recognition 


of the desirability of consistency among the BCMRs and PDBR in 
adjudicating these cases. The VASRD has two applicable sections. 
Section 4.129 calls for a temporary rating of not less than 
50 percent, followed by an examination within 6 months of 
discharge for an individually assessed rating. Section 4.130 
provides standards for a mental health examination to assess the 
degree of impairment for the member’s continuing rating. 
Historically, the practice of Military Department disability 
agencies was to complete the comprehensive section 4.130 mental 
health assessment prior to the member’s separation, and therefore 
to dispense with 4.129. 

 

Therefore, as a matter of policy, the PDBR and all three BCMRs 
will apply VASRD section 4.129 to PTSD unfitting conditions for 
applicants discharged after 11 September 2001, 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 month following separation, with 
subsequent fitness and PTSD ratings based on the applicable 
evidence. 

 

The remaining facts pertaining to this application, extracted 
from the applicant's military records, are contained in the 
letter prepared by BCMR Medical Consultant (Exhibit C). 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends approval. The Medical 
Consultant states the applicant was diagnosed with a medical 
condition that should have triggered a Medical Evaluation Board 
(MEB); or as a minimum, a review in-lieu of MEB, if his health 
care providers believed the applicant viable for retention and 
follow-up evaluation in one year. The fact that the applicant was 
lost to follow-up, does not remove the responsibility of the 
Military Department to execute proper administrative options 
available. The facts of the record shows the applicant to be 
disqualified for service, at least for PTSD, with the presumption 
that had he undergone a MEB and his case was timely referred to a 
Physical Evaluation Board (PEB), he would have been found unfit 
and placed on the TDRL with a 50 percent disability rating for a 
period of six months; at which time a re-evaluation would have 
been conducted to determine the final rating. 

 

The Medical Consultant states the record should be amended to 
reflect the applicant was placed on the Temporary Disability 
Retired List (TDRL) with a 50 percent disability rating for PTSD, 
effective 3 January 2007, followed by a timely reevaluation by a 
psychiatrist, upon which a determination of the applicant’s 
fitness to serve and the disability rating would be determined by 
the Informal Physical Evaluation Board (IPEB). 

 

The complete Medical Consultant evaluation is at Exhibit C. 


 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 14 October 2010, a copy of the Air Force evaluation was sent 
to the applicant for review and comment. As of this date, this 
office has not received a 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 
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 3 January 2007, 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%; 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 4 January 2007, his name was placed on the Temporary 
Disability Retired List (TDRL), with a compensable disability 
rating of 50 percent. 

 


c. He be immediately reevaluated by a psychiatrist, 
following which a determination of his fitness to serve and final 
disposition be made by the Informal Physical Evaluation Board 
(IPEB). 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number BC-
2010-00550 in Executive Session on 7 December 2010, under the 
provisions of AFI 36-2603: 

 

Panel Chair 

Member 

Member 

 

All members voted to correct the record, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 3 Feb 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, Medical Consultant, dated 11 Oct 10. 

 Exhibit D. Letter, SAF/MRBR, dated 14 Oct 10. 

 

 

 

 

 

 

 Panel Chair