RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00306 

 

 COUNSEL: NO 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect he was assigned a disability 
rating of at least 50 percent for his diagnosis of Post-
Traumatic Stress Disorder (PTSD) to the extent that such a 
correction will not adversely impact his total disability 
compensation (including, but not limited to, Combat-Related 
Special Compensation (CRSC)). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was assigned a disability rating of less than 50 percent for 
his unfitting PTSD upon his discharge. In accordance with Title 
10, Section 1201-03, of the United States Code (10 USC § 1201-
03) and Section 4.129, Title 38, of the Code of Federal 
Regulation (38 CFR § 4.129) a rating of no less than 50 percent 
should have been rendered by the Air Force for his unfitting 
PTSD. 

 

In support of the appeal, the applicant submits a personal 
statement. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force, who 
served on active duty from 22 Jan 02 through 27 Jul 09. 

 

He was processed through the Disability Evaluation System (DES), 
resulting in his name being placed on the Temporary Disability 
Retired List (TDRL), effective 12 Jun 07, with a disability 
rating of 30 percent for his diagnosis of PTSD with major 
depressive disorder. He received a combined compensable 
disability rating of 60% (which included his PTSD and other 
service connected disorders). He was removed from the TDRL and 
permanently retired with a combined disability rating of 
50 percent, effective 27 Jul 09. 

 


In accordance with Title 38, Code of Federal Regulation, 
Section 4.129, Mental Disorders due to Traumatic Stress, when a 
mental disorder that develops in-service as a result of a highly 
stressful event is severe enough to bring about the veteran’s 
release from active military service, the rating agency shall 
assign an evaluation of not less than 50 percent and schedule an 
examination within the six month period following the veteran’s 
discharge to determine whether a change in evaluation is 
warranted. 

 

A class action lawsuit, i.e., Sabo, was filed against the United 
States of America on behalf of veterans who served on active 
duty in the U.S. Army, Navy, Marine Corps, or Air Force and were 
found by a Physical Evaluation Board (PEB) to be unfit for 
continued service due, at least in part, to PTSD, were assigned 
a disability rating for PTSD of less than 50 percent, and, as a 
result, were released, separated, retired, or discharged from 
active duty on or after 17 Dec 02 and before 14 Oct 08 
(regardless whether such release, separation, retirement, or 
discharge resulted in the individual’s placement on the 
Temporary Disability Retirement List (TDRL)). Under the Rules 
of the United States Court of Federal Claims, the Court has 
reportedly allowed the class action lawsuit to be a class action 
on behalf of the individuals who chose to opt in. The 
plaintiffs seek, among other things, a Court Order requiring the 
military services to award to each member of the class the 
compensation and other benefits to which they would have been 
entitled if they had been assigned at least a 50 percent 
disability rating for PTSD from the date of release from active 
duty to the present. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The AFBCMR Medical Consultant recommends the applicant’s record be 
changed to reflect he was placed on the TDRL with a 50% disability 
rating for his PTSD, retroactive to 13 Jun 07, and was removed 
from the TDRL and permanently disability retired with a 50% 
disability rating for PTSD, effective 14 Dec 07. In accordance 
with the existing DOD guidance, the rating should not be less than 
50% while on TDRL, with a follow up examination to be scheduled 
within six months of discharge. However, there was no evidence in 
the documents provided that the applicant’s PTSD was reassessed 
following retirement from TDRL. A review of the rating 
determination and the clinical rationale for the December 2007 DVA 
rating decision does provide objective evidence for the level of 
impairment present during that period. After reviewing the 
finding and the rationale for determining a 50% disability rating, 
the Medical Consultant opines that the prescribed DVA disability 
rating assignment is clinically appropriate. Therefore, the 
Medical Consultant concurs with the rating determination assigned 

 


by the DVA and concludes that it is more likely than not that a 
six month DoD follow up determination would have been consistent 
with the determination made by the DVA indicating the applicant’s 
PTSD was 50 percent disabling. 

 

The AFBCMR Medical Consultant’s complete evaluation, with 
attachment, is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 15 Apr 11 for review and comment within 30 days. As of this 
date, no response has been received by this office. 

 

_________________________________________________________________ 

 

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. After careful and deliberate 
review of the evidence presented in this case, we agree with the 
opinion and recommendation of the AFBCMR Medical Consultant and 
adopt his rationale as the basis for our conclusion the 
applicant’s records should be corrected as noted in his advisory 
opinion. We note the applicant has requested his records be 
corrected to the extent that such a correction would not adversely 
affect his overall disability compensation. We have been advised 
by the Air Force office of primary responsibility the proposed 
correction will not result in a reduction to the applicant’s 
overall Air Force and DVA disability compensation. Therefore, we 
recommend that the 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 13 Jun 07, he was placed on the Temporary Disability 
Retired List (TDRL) with a disability rating of 50 percent for 
Post-Traumatic Stress Disorder (PTSD) and a combined compensable 
disability rating of 70 percent. 

 

 b. On 14 Dec 07, he was removed from the TDRL and 
permanently retired with a 50 percent disability rating for PTSD 
and a combined compensable disability rating of 70 percent. 

 


______________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket Number 
BC-2011-00306 in Executive Session on 7 Nov 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

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

 

 Exhibit A. DD Form 149, dated 3 Dec 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR Medical Consultant, 

 dated 12 Apr 11. 

 Exhibit D. Letter, SAF/MRBR, dated 15 Apr 11. 

 

 

 

 

 

 Panel Chair