RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02973
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His retirement be changed to a medical retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He met a Physical Evaluation Board (PEB); however, he was
returned to duty. Five months later, he was retired without
being re-evaluated for a combat illness. Presently, airmen are
placed on the Temporary Disability Retired List (TDRL) and re-
evaluated for a final disposition. The PEB noted that his Post-
Traumatic Stress Disorder (PTSD) was related to exposure to
combat while deployed in support of Operation IRAQI FREEDOM.
Recently, his symptoms have worsened.
In support of his request, the applicant provides copies of his
AF Form 356, Findings and Recommended Disposition of USAF
Physical Evaluation Board; his VA Forms 21-4138, Statement in
Support of Claim, extracted from his medical records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 17 October 2001, the applicant was notified by Headquarters
Air Reserve Personnel Center that he was eligible for retired pay
at age 60
On 7 February 2007, a Line of Duty Determination (LOD) was
conducted because a civilian psychiatrist provider with the
Veterans Administration (VA) diagnosed the applicant with PTSD
directly connected to his deployment to Iraq from 19 December
2004 until 6 May 2005. The provider did not find any evidence of
a post-military stressor to account for current PTSD symptoms.
The overall current affect reported by the provider evaluation
was anxiety and mild depression.
On 11 April 2007, a Medical Evaluation Board (MEB) diagnosed the
applicant with PTSD with an approximate date of origin of 1 April
2005 and referred him to an Informal Physical Evaluation Board
(IPEB).
On 21 April 2007, the applicants commander recommended to the
IPEB that he be returned to full duty. The commander stated the
applicant is a productive, capable member that does not appear to
have any problems which affect his ability to return to duty.
On 10 May 2007, an IPEB concluded the applicants medical
condition of PTSD did not prevent him from reasonably performing
the duties of his office, rank, or rating. The IPEB recommended
the applicant be returned to duty. The IPEB noted the PTSD was
related to his exposure to combat while deployed in support of
Operation IRAQI FREEDOM.
On 29 September 2007, the applicant was separated and transferred
to the Inactive Status List Reserve Section (ISLRS) in the grade
of master sergeant after serving 26 years, 2 months and 27 days
of total service for retired pay. On 24 May 2023, the applicant
will be sixty years of age and eligible to receive retired pay
from the Air Force Reserves.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states the preponderance of
evidence reflects that no error or injustice occurred during the
disability process or at the time of separation. The IPEB noted
the applicants PTSD could have been an unfitting condition, but
was not currently compensable or ratable and recommended he be
returned to duty. By law, a member may appeal a recommended
disposition if he/she is found unfit and being involuntarily
separated or retired for disability; however, the applicant was
found fit.
The complete DPSD evaluation is at Exhibit C.
AFPC/DPAMM deferred comments to DPSD as the point of contact for
the IPEB decisions and the applicants Air Reserve Center
component as responsible for the disposition of members returned
to duty by the IPEB.
The complete DPAMM evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided an article from the Disability Veterans
Magazine and extracts copies of his medical records.
The applicants complete response, with attachments, is at
Exhibit E.
_________________________________________________________________
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. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the
contrary, we find no basis for us 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-2010-02973 in Executive Session on 1 June 2011, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to Docket Number
BC-2010-02973 was considered:
Exhibit A. DD Form 149, dated 17 May 2010, w/atchs.
Exhibit B. Applicant's Military Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 27 Sep 10.
Exhibit D. Letter, AFPC/DPAMM, dated 6 Oct 10.
Exhibit E. Letter, SAF/MRBR, dated 5 Nov 10.
Exhibit F. Applicants Response, undated
Panel Chair
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