RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04410
		COUNSEL:  NONE
		HEARING DESIRED: NO

	 

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APPLICANT REQUESTS THAT:

1. His military service disability of 10 percent be increased to 
match his Department of Veteran Affairs (DVA) disability rating 
of 50 percent.

2. By amendment at Exhibit E, he would like his diagnosis of 
Major Depressive Disorder, single episode, in remission, on 
Abilify, to be changed to Chronic Adjustment Disorder with 
Depressed Mood (Veterans Administration Schedule Ratings for 
Disability (VASRD) Code 9440)).

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APPLICANT CONTENDS THAT:

The DVA made their determination based on the same evidence that 
was available to the Physical Evaluation Board (PEB) at the time 
they gave their rating.

In support of his request, the applicant provides a copy of his 
DVA Rating Decision.

His complete submission, with attachment, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force on 18 Dec 01.  

On 28 Mar 11, the applicant met an Informal Physical Evaluation 
Board (IPEB) for Major Depressive Disorder (MDD), single episode, 
in remission, on Abilify.  The Narrative Summary dated 10 Jan 11 
reflects the following: 

	AXIS I: 296.26 Major Depressive Disorder, single episode, in full 
remission.
	AXIS II: No Diagnosis.
	AXIS III: Hyperlipidemia and chronic back pain.
	AXIS IV: Occupational problems, strong primary support.
	AXIS V: Global Assessment of Functioning (*GAF): Current = 75-85; 
highest in past year = same.

*GAF:  Is a numeric scale (0 through 100) used by mental health 
clinicians and physicians to subjectively rate the social 
occupational and psychological functioning of adults, e.g., how 
well or adaptively one is meeting various problems-in-living.  

	Scale of 71-80:  If symptoms are present, they are transient and 
expectable reactions to psychosocial stressors; no more than slight 
impairment in social occupational, or school functioning.

	Scale of 81-90:  Superior functioning in a wide range of 
activities, life’s problems never seem to get out of hand, is 
sought out by others because of his or her many positive qualities.  
No symptoms.

	The Narrative Summary, dated 10 Jan 11, DISCUSSION Portion:  
Taken together, data obtained from clinical assessment self-report 
and my clinical observations suggest mild to moderate AXIS I 
pathology in the form of major depressive disorder, single episode.  
The applicant has been functioning well since hospitalization in 
July.  He reported remission of all symptoms since receiving 
treatment with Prozac, Abilify, and therapy.  He attributes the 
recent hospitalization to difficulty functioning in his new job in 
recruiting but prior to that in his prior job in aerospace ground 
equipment for 8 years he had never experience these symptoms.  
Based on the results for this evaluation, there does not appear to 
be any other psychosocial and biological factors that would have 
predisposed him to development of depression outside of recent 
change to recruiter duty.  

The IPEB recommended him to be discharged with 10 percent severance 
pay.  The applicant agreed with the IPEB recommendations on 11 Apr 
11.  He received an honorable discharge and a narrative reason for 
separation of “DISABILITY, SEVERANCE PAY, NON COMBAT” on 24 May 11 
after serving 9 years, 5 months, and 8 days on active duty.  

On 19 Feb 13, the applicant’s case was administratively closed, per 
his request and then reopened on 9 Apr 13.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is at Exhibit C.

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AIR FORCE EVALUATION:

1. AFPC/DPFD recommends denial stating the preponderance of 
evidence reflects that no error or injustice occurred during the 
disability process or the rating applied at the time of the 
boards.  It was noted by the IPEB that, “… after an attempted 
suicide … He reported having a lot of regrets about accepting 
the recruiting job because he had no idea of the demands and 
strain it would place on him…His prognosis is documents as “good 
with treatment” … However, as long as he is on the Ability this 
would make him non-worldwide qualified.”

2. The Department of Defense and the DVA disability evaluation 
systems operate under separate laws.  Under Title 10, U.S.C., 
Physical Evaluation Boards must determine if a member’s 
condition renders them unfit for continued military service 
relating to their office, grade, rank or rating.  The fact that 
a person may have a medical condition does not mean that the 
condition is unfitting for continued military service.  Further, 
it must be noted the USAF disability boards must rate 
disabilities based on the member’s condition at the time of 
evaluation; in essence a snapshot of his condition at that time.  
It is the charge of the DVA to pick up where the Air Force must, 
by law, leave off.  

The complete DPFD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His initial request was to increase his military service 
disability rating; however, after further research he now 
believes that his diagnosis of Major Depressive Disorder (MDD), 
single episode, in remission, on Abilify, should be changed to 
Chronic Adjustment Disorder with Depressed Mood.  His rationale 
for this request is based on four factors:

	1) The onset of his disability occurred shortly after a 
recent job change and lasted at least 6 months.

	2) He showed improvement after being removed from the 
recruiting office.

	3) The medical narrative provided on AF Form 356, Findings 
and Recommended Disposition of USAF Physical Evaluation Board, 
along with other information within a worldwide qualification 
evaluation that was completed by his physician describes his 
medical condition as Chronic Adjustment Disorder with Depressed 
Mood.

	4) The disparity between the DoD rating and the DVA rating 
applied to his disability identifies the disability that he 
suffered from during his time in the service is separate from 
his current disability which is rated appropriately by the DVA.

The Narrative Summary includes how the demands of his job and 
the strain led to him developing a disability, also another 
criterion of Chronic Adjustment Disorder.  The summary does not 
match the diagnosis criteria for MDD.  He believes that the only 
reasonable explanation for the difference in the ratings is 
because his disability at the time of his IPEB was, in fact, 
Chronic Adjustment Disorder with Depressed Mood.  

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

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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 error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case and do not find that it supports a determination that his 
separation with severance pay because of physical disability in 
2011 was improper or contrary to the provisions of the governing 
regulations.  We took note of the applicant’s contention that at 
the time of his disability processing his diagnosis of “Major 
Depressive Disorder, single episode, in remission on Abilify” 
should reflect “Chronic Adjustment Disorder with Depressed Mood.”   
However, the evidence available to us reflects that his disability 
discharge was properly executed and we find no basis to warrant 
disturbing the record.  Therefore, we agree with the 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale expressed as the basis for our decision.  
In view of the above and in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-04410 in Executive Session on 7 Jan 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Sep 12, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPFD, dated 16 Nov 12.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Dec 12.
    Exhibit E.  Letter, Applicant, dated 26 Mar 13, w/atchs.




                                   
                                   Panel Chair








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