ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-04478
		COUNSEL:  NONE
	                      	HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

His medical discharge with severance pay of 10 percent be 
changed to a permanent disability retirement with a 50 percent 
disability rating for Post-Traumatic Stress Disorder (PTSD).  

______________________________________________________________

STATEMENT OF FACTS:

The applicant is a former enlisted member of the Air Force 
Reserve.  

On 9 June 2009, a Medical Evaluation Board referred him to an 
Informal Physical Evaluation Board (IPEB) based on his diagnosis 
of PTSD. The IPEB reviewed his case on 28 July 2009 and 
recommended placement on the Temporary Disability Retired List 
(TDRL) with a disability rating of 50 percent and, a 
reevaluation in six months.  The applicant concurred with the 
findings and recommendation of the IPEB and, on 28 November 
2009, his name was placed on the TDRL.  

On 19 July 2010, he was reevaluated by an IPEB, who recommended 
the applicant be removed from the TDRL and discharged with 
severance pay with a disability rating of 10 percent, since his 
condition had improved and stabilized.  The applicant non-
concurred with the findings and recommendation of IPEB and 
requested a formal hearing with counsel before a Formal Physical 
Evaluation Board (FPEB).  On 16 September 2010, the applicant 
requested to waive his request for a formal hearing and accepted 
the findings of the IPEB.  The applicant had at least 15 but 
less than 20 years of satisfactory service, and could have 
elected to receive the severance pay or to transfer to the 
Inactive Status List Reserve Section (ISLRS) for the purpose of 
applying for early retirement under Title 10, United States Code 
(USC), Section 12731b.  On 24 September 2010, the applicant 
elected to be discharged and receive severance pay.  His name 
was removed from the TDRL effective 14 October 2010 and he was 
discharged with entitlement to 10 percent disability severance 
pay.  

On 12 September 2012, the applicant submitted an appeal to the 
AFBCMR requesting his medical discharge with severance pay of 
10 percent be changed to a permanent disability retirement with 
a 50 percent disability rating for Post-Traumatic Stress 
Disorder (PTSD).  
On 27 June 2013, the Board considered and deferred the case 
requesting an additional advisory from the BCMR Medical 
Consultant.  The BCMR Medical Consultant’s advisory was received 
on 3 July 2013, and mailed to the applicant on 8 July 2013 for 
review and response within 30 days.  

On 22 July 2013, the applicant provided an electronic rebuttal 
to the BCMR Medical Consultant’s opinion (Exhibit I); however, 
due to an administrative oversight, his rebuttal was not added 
to the applicant’s case file.  The applicant indicated he was 
not diagnosed with PTSD prior to his transfer from active duty 
to the Air Force Reserve.  The Department of Veteran Affairs 
(DVA) identified his PTSD in July 2006 clearly showing it 
originated during his active duty service.  When looking at the 
dates involved, it is evident that he is not requesting relief 
simply because he received a 50 percent disability rating from 
the DVA.  What the Board needs to consider is whether the Air 
Force acted timely and accurately; and, at what point was he 
stable.  In his opinion, there is no way the Air Force acted 
timely.  He accepted the IPEB’s decision to be placed on the 
TDRL because it seemed to be a formality.  Since his condition 
was stable, he believed he would be permanently retired because 
of his condition of PTSD.  

On 23 September 2013, the Board reconvened and partially granted 
the applicant’s request, by recommending his record be corrected 
to reflect:

      a. On 13 October 2010, his Post-Traumatic Stress Disorder, 
VASRD Code 9411, was rated at 30 percent, rather than 10 
percent.  
      
      b. On 14 October 2010, he was not discharged with severance 
pay, but on that date, his name was removed from the Temporary 
Disability Retired List and placed on the Permanent Disability 
Retired List.  
      
      c. His election of Survivor Benefit Plan option(s) will be 
corrected in accordance with his expressed preferences and/or as 
otherwise provided for by law or the Code of Federal 
Regulations.  

For a complete account of the facts and circumstances 
surrounding the applicant’s separation; and, the rationale of 
the decision by the Board, see the Record of Proceedings (ROP) 
at Exhibit H with Exhibits A through G.  

________________________________________________________________
_

THE BOARD CONCLUDES THAT:

Insufficient relevant evidence has been presented to demonstrate 
the existence of an error or an injustice warranting the Board to 
change its earlier decision of granting the applicant a 
disability retirement rated at a 50 percent disability rating 
rather than a 30 percent disability rating.  After thoroughly 
reviewing the applicant’s rebuttal to the BCMR Medical 
Consultant’s evaluation and the evidence of record, we find no 
basis to adjust his records to reflect the requested disability 
rating.  Although, the applicant contends his condition should 
have been rated at 50 percent disabling, the BCMR Medical 
Consultant opines that his condition at that time would more than 
likely have resulted in a 30 percent disability rating.  
Therefore, our earlier decision remains unchanged that no basis 
exists to increase his disability rating to 50 percent.  In view 
of the above and in the absence of evidence to the contrary, we 
find no basis to recommend favorable consideration of this 
request.  

________________________________________________________________
_

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-2012-04478 in Executive Session on 10 April 2014, 
under the provisions of AFI 36-2603:

			                         , Panel Chair
			                         , Member
			                         , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2012-04478:

    Exhibit H.  ROP, dated 26 Nov 13, w/Exhibits A through G.
    Exhibit I.  Letter, Applicant, not dated, w/atch.