RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02331 

COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her military discharge be changed to a medical disability 
retirement due to her diagnosis of Post Traumatic Stress Disorder 
(PTSD). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her disabling condition of Specific Phobic Response to Firing 
Weapons be recognized as PTSD and she receive a military 
disability retirement. 

 

In support of her appeal, the applicant submits copies of her 
Department of Veteran Affairs (DVA) Rating Decision, dated 
19 July 2006; her Informal Physical Evaluation Board (IPEB) 
findings and recommendations; the Under Secretary of Defense 
memorandum, dated 17 July 2009; her DD Form 214, Certificate of 
Release or Discharge from Active Duty; and several pages of 
medical documentation. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served on active duty from 20 May 2003 to 1 June 2005. In 
September 2003, the applicant experienced a traumatic event that 
rendered her unable to continue to perform the full duties of her 
office, grade, rank, and rating. Specifically, the record shows 
that while in the process of either firing her weapon (an M-24 
machine gun) or clearing the chamber, there was a detonation of 
misfire of a 7.62 mm machine gun round causing multiple fragments 
to strike her face. Thereafter, she experienced difficulties 
either firing weapons or experienced anxiety anytime she was 
around weapons. She was subsequently placed on a “S4T” profile 
rendering her non-worldwide qualified and was temporarily 
decertified in the Personnel Reliability Program (PRP). On 
9 March 2005 a Medical Evaluation Board (MEB) diagnosed the 
applicant with “Phobic Response to Firing Weapons” and referred 
her records to an IPEB. On 13 April 2005, the IPEB found the 
applicant unfit for further military service and recommended she 


be separated with severance pay with a ten percent disability 
rating as a result of their diagnosis of “Specific Phobic 
Response to Firing Weapons, Mild Social and Industrial 
Impairment.” The IPEB determined the applicant’s medical 
condition was the result of an Instrumentality of War and combat-
related. 

 

On 19 April 2005, the applicant agreed with the IPEB findings and 
recommendation. The Secretary of the Air Force approved the 
IPEB’s findings and recommendations and directed the applicant be 
separated from active service for physical disability under the 
provisions of Title 10, United States Code (USC), Section 1203, 
with severance pay computed under Section 1212. On 1 June 2005, 
the applicant was honorably discharged for disability with 
severance pay. She served 2 years and 12 days on active duty. 

 

On 19 July 2006, following her appeal to the DVA, the applicant 
was diagnosed with Simple Phobia, Situational Type, Weapons 
Use/Firing, which was found to be ten percent disabling. A DVA 
Rating Decision, dated 8 September 2010, reevaluated the 
applicant as having PTSD with simple phobia and depressive 
disorder (previously rated as simple phobia, situational type, 
weapons use/firing) rated at 30 percent disabling. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the BCMR Medical Consultant 
at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends partial approval. The 
BCMR Medical Consultant states that had the applicant been 
diagnosed with PTSD, instead of Specific Phobia, at the time of 
release from military service, then specific guidance within the 
rating schedule in the DVA would have been applicable in her 
case, 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 six month 
period following the veteran’s discharge to determine whether a 
change in the evaluation is warranted.” 

 

It is the BCMR Medical Consultant’s opinion that the applicant 
has earned the right to an initial placement on the Temporary 
Disability Retired List (TDRL) with a disability rating of 50 
percent effective the date of her established date of separation, 
for a period of at least six months following which her rating 
determination would be based on the evidence. The DVA evaluation 
and rating decision of 19 July 2006, could be used as a 
reasonable point for designation as applicable evidence for use 
in a possible final TDRL disposition; unless it could be shown 
that her condition had worsened or was unstable (which it had not 
until four years later). Thus the evidence did not support 


retaining the applicant in TDRL status beyond the 19 July 2006 
rating decision point, as her disability rating by the DVA 
remained below the minimum 30 percent threshold for retirement 
eligibility; qualifying for removal from the TDRL and discharge 
with severance pay. 

 

Therefore, it is the BCMR Medical Consultant’s opinion that the 
applicant’s record should be corrected to show she was found to 
be unfit for military service due to PTSD with secondary specific 
phobia, under provisions of Air Force Instruction 36-3212, that 
she was placed on the TDRL effective 1 June 2005, under 
provisions of Title 10, USC, Section 1202, and remained so until 
removed from the TDRL and discharged with severance pay with a 
disability rating of ten percent disability rating, effective 
19 July 2006. 

 

A complete copy of the BCMR Medical Consultant’s evaluation is at 
Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE AND BCMR MEDCIAL EVALUATIONS: 

 

She and her husband do not agree with the BCMR Medical 
Consultant’s advisory opinion. Her phobia of guns has a negative 
effect on simple aspects of life. Since her discharge, she has 
had mental issues, flashbacks, nightmares, and night sweats. She 
has to avoid anything involving loud noises and can’t even walk 
by gun stores. She asks the Board to reconsider the 
recommendation presented and take into account the evidence she 
has provided to show that her condition of PTSD has impacted her 
life from the moment her gun malfunctioned and the bullet 
exploded. This traumatic event has changed her life forever. 

 

The applicant’s complete rebuttal, with attachment, 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice to warrant partial 
relief. In that regard, we agree with the recommendation of the 
BCMR Medical Consultant and adopt the rationale expressed as 
thebasis for our decision. We took note of the applicant’s 
disagreement with the Medical Consultant’s recommendation; 
however, after a thorough review of the evidence presented, we 
did not find the evidence and arguments put forth by the 


applicant sufficient to overcome the medical evidence of record 
and the analysis by the BCMR Medical Consultant. Therefore, in 
our view, the appropriate and fitting relief is to place the 
applicant on the Temporary Disability Retired List (TDRL) with a 
50 percent disability rating for six months effective the date of 
her separation and award a final disability rating of 10 percent 
upon removal from the TDRL. Therefore, we recommend her 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 on 1 June 2005, 
she was found unfit to perform the duties of her office, rank, 
grade, or rating by reason of physical disability, incurred while 
she was entitled to receive basic pay; the diagnosis in her case 
was Post Traumatic Stress Disorder with secondary specific 
phobia, under the provisions of Air Force Instruction 36-3212; 
that she was placed on the Temporary Disability Retired List 
(TDRL) effective 1 June 2005 under the provisions of Title 10, 
United States Code, Section 1202; and remained so until she was 
removed from the TDRL and discharged with severance pay with a 
ten percent disability rating, effective 19 July 2006. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-02331 in Executive Session on 6 March 2012, under 
the provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence for AFBCMR Docket Number BC-2011-
02331 was considered: 

 

Exhibit A. DD Form 149, dated 8 Jun 11, with atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, BCMR Medical Cnslt, dated 21 Oct 11. 

Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11. 

Exhibit E. Letter, Applicant, not dated, w/atch. 

 

 

 

 

 Panel Chair