RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04421 

 

 COUNSEL: 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

Her compensable disability rating of 30 percent should be 
changed to not less than 50 percent in accordance with (IAW) 
38 Code of Federal Regulations (CFR) 4.129 and Department of 
Defense (DoD) policy retroactive to her Date of Separation 
(DOS). 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

She was assigned a 30 percent disability rating and placed on 
the Temporary Disability Retired List (TDRL) upon her separation 
from active duty. However, IAW the class action notice, her 
military records should be corrected to reflect the highest 
disability rating applicable, of not less than 50 percent for 
her Post-Traumatic Stress Disorder (PTSD); which is consistent 
with the governing law and DoD policy to the extent that such 
increase should not adversely affect her total compensation, 
including but not limited to benefits under the Combat-Related 
Special Compensation (CRSC). 

 

In support of her appeal, the applicant provides a personal 
statement. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Prior to the applicant’s separation, the applicant underwent a 
Medical Evaluation Board (MEB), which began in Aug 05 through 
Oct 05, resulting in a diagnoses of PTSD and Major Depressive 
Disorder. The primary stressor resulting in the applicant's 
clinical diagnoses was due to her being raped while deployed, in 
late 2002; additional history reflects the applicant required 
hospitalization in Sep 03 for symptoms of depression and anxiety 
after attempting suicide by cutting her wrists. The applicant 
did not report the incident of rape formally to military 
officials or an investigative agency until the day of her mental 


health assessment in Aug 05. The applicant’s case was referred 
to the Informal Physical Evaluation Board (IPEB) and she was 
diagnosed with PTSD associated with Major Depressive Disorder, 
Social and Industrial Adaptability, Definite. The IPEB 
recommended the applicant be placed on the TDRL with a 
30 percent disability rating. The applicant agreed with the 
decision of the IPEB and the Secretary of the Air Force 
Personnel Council (SAFPC) directed the applicant’s name be 
placed on the TDRL with a compensable disability rating of 
30 percent. 

 

The applicant was relieved from active duty, on 9 May 06, and 
placed on the TDRL. She was credited with 1 year, 9 months, and 
24 days of active service for retirement. 

 

The applicant returned for a TDRL medical re-evaluation on 
15 Oct 07 and they determined the applicant’s name should be 
removed from the TDRL and she be permanently retired with a 
30 percent disability rating. 

 

The applicant name was removed from the TDRL, on 22 Jan 08, and 
she was permanently disability retired with a compensable rating 
of 30 percent. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends a change of the record to 
reflect the applicant was placed on the TDRL with a 50 percent 
disability rating, effective the previously established date of 
TDRL placement, and that she was removed from the TDRL and 
retired permanently with a 30 percent disability rating, 
effective 22 Jan 08. 

 

The BCMR Medical Consultant notes that the Military Departments 
are required to utilize the Veterans Affairs (formerly 
Administration) Schedule for Rating Disabilities (VASRD) when 
assigning disability ratings. This requirement was punctuated 
by the National Defense Authorization Act of 2008, which 
prohibited use of Service or DoD policies when making disability 
rating determinations. The IPEB assigned the applicant's 
disability rating of 30 percent, but did not follow the specific 
guidance under Section 38 CFR 4.129, which was applicable to the 
veteran's illness, which reads: "When a stressful event is 
severe enough to bring about the veteran's release from active 
military service, a disability rating of no less than 50 percent 
will be assigned, followed by the scheduling of an evaluation 
within the 6 month period following the veteran's discharge to 
determine whether a change in evaluation is warranted." The 
Office of the Under Secretary of Defense thereafter issued 
specific guidance to Service BCMR's (including Naval Records) 
when conducting appellate reviews of qualifying cases, by 
directing the retroactive assignment of an initial disability 


rating not less than 50 percent for a period of six months, with 
the final disability rating based upon applicable evidence. 
This retroactive six-month period can be best characterized as a de facto TDRL status with the subsequent rating decision based 
upon the available evidence. In the case under review, the 
applicant was indeed placed on the TDRL. However, the IPEB 
assigned an initial disability rating of 30 percent, in 
violation of Section 38 CFR 4.129. To correct this deficiency, 
the Medical Consultant opines the record should be changed to 
reflect the applicant was, instead, placed on the TDRL with an 
initial disability rating of 50 percent. However, following 
this initial period on the TDRL, the evidence is insufficient to 
reflect the 50 percent disability should have been sustained; or 
that the applicant should have been permanently retired at this 
rating. Although the IPEB referred to the applicant's clinical 
status as "essentially unchanged" since the previous evaluation, 
it should be noted that their previous evaluation was at the 
30 percent rating level. The Medical Consultant opines, by a 
preponderance of evidence, the applicant's medical condition and 
her ability to function had indeed improved since her placement 
on the TDRL and justified the reduced rating to reflect this 
improvement in function. 

 

From a pay standpoint, the applicant is advised that although 
she was on the TDRL at the 30 percent rating level, her actual 
pay, by policy, was at the 50 percent rating level. This means, 
the applicant is unlikely to warrant disbursement of additional 
pay as a result of the recommended change of the record. 

 

Nevertheless, the Consultant is aware of often 
competing/different medical assessments made by the Department 
of Veterans Affairs (DVA), utilizing templates to guide 
evaluation of patients and the assignment of disability ratings; 
as compared to evaluations conducted by military health care 
providers. Should the applicant present evidence to reflect the 
final rating determination by the Military Department requires 
reconsideration, evidence should be supplied to this effect, 
e.g., competing disability ratings and evidence assigned by the 
DVA for the same condition at or about the time of the rating 
decision by the Military Department. 

 

The complete BCMR Medical Consultant evaluation, with 
attachment, is at Exhibit C. 

 

________________________________________________________________ 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 13 Aug 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

________________________________________________________________ 

 


THE BOARD CONCLUDES THAT: 

 

1. It appears the applicant has not exhausted all remedies 
provided by existing law or regulations in regard to her request 
for benefits under CRSC. The Board advises the applicant to 
apply for CRSC benefits and or compensation through the 
appropriate office at the Air Force Personnel Center. 

 

2. The application was timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action. The BCMR Medical Consultant has provided a 
thorough review of the applicant’s case and has adequately 
addressed the issues presented, and we are in agreement with his 
opinion and recommendation. In addition, we note, since the 
governing law and policy requires members placed on the TDRL to 
be rated at the 50 percent level; this means, the applicant is 
unlikely to warrant disbursement of additional pay as a result 
of the recommended change of the record. Therefore, we 
recommend the applicant’s record be corrected to the extent 
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 9 May 2006, she was relieved from active duty and her 
name was placed on the Temporary Disability Retired List (TDRL), 
with a compensable disability rating of 50 percent, rather than 
30 percent. 

 

 b. On 22 January 2008, her name was removed from the TDRL 
and she was permanently retired in the grade of Senior Airman by 
reason of physical disability with a compensable rating of 
30 percent. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-04421 in Executive Session on 13 September 2011, 
under the provisions of AFI 36-2603: 

 

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

 

 Exhibit A. DD Form 149, dated 27 Sep 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, BCMR Medical Consultant, dated 

 12 Aug 11, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 13 Aug 11.