AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00902
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he was retired for
physical disability due to his post-traumatic stress disorder
(PTSD).
________________________________________________________________
APPLICANT CONTENDS THAT:
The Department of Veterans Affairs (DVA) has rated him at
50 percent for his PTSD. His record is unjust in that it does
not reflect his PTSD and associated medications required for the
wounded warrior program.
In support of his request, the applicant provides copies of
excerpts from his medical records and e-mail correspondence
related to his eligibility for the wounded warrior program.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Air National Guard (ANG) in the
grade of lieutenant colonel (O-5) as a dentist during the matter
under review.
According to the applicant’s military personnel records, he was
ordered to active duty in support of Operation IRAQI FREEDOM on
11 May 05 and served on active duty until he was released on 15
Oct 05.
On 1 Oct 07, the applicant was discharged from the ANG as a
result of applying for a conditional release. He was credited
with 21 years, 2 months, and 17 days of total reserve service,
which included 1 year, 1 month, and 24 days of total active
service.
The applicant continued his service in the Air Force Reserve as
a dentist assigned to an Air Force Reserve unit until his
voluntary transfer to the Individual Ready Reserve on 1 Oct 09.
According to records obtained from the DVA, the applicant was
granted a compensable disability rating of 50 percent for his
PTSD on 8 Apr 11.
The military service disability system, operating under Title
10, United States Code (USC), can only offer compensation for
those service incurred diseases or injuries which specifically
rendered a member unfit for continued active service and were
the cause for career termination, and then only for the degree
of impairment present at the "snap shot" time of separation and
not based on future disease progression. Thus, the mere
presence of a medical condition during military service does not
automatically constitute a basis for a disability separation or
retirement.
On the other hand, the DVA disability system, operating under
Title 38, USC, takes into account physical conditions that,
although not unfitting at the time of separation, may later
progress in severity and alter the individual’s lifestyle and
future employability. With this in mind, Title 38, USC,
provides the DVA authority to award compensation ratings for
conditions that were not unfitting for military service at the
time of separation.
________________________________________________________________
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. It appears the
applicant believes the DVA's decision to award him a 50 percent
disability rating for post-traumatic stress disorder (PTSD)
substantiates that he should have been retired for physical
disability due to said diagnosis. However, after a thorough
review of the evidence of record and the applicant’s complete
submission, we are not persuaded that he should have been found
unfit for continued military service and furnished a disability
separation. In this respect, we note the military service
disability system can only offer compensation for those service
incurred diseases or injuries which specifically rendered a
member unfit for continued military service and were the cause
for career termination. However, other than his own assertions,
the applicant has not provided sufficient evidence that his
medical conditions, while service related according to the DVA,
2
rendered him unfit for continued military service. He has
provided no evidence to indicate that his PTSD precluded him
from performing his military service and should have, therefore,
been the basis of a finding that he was unfit. Therefore, in
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-00902 in Executive Session on 20 Dec 12, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Feb 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
Panel Chair
Member
Member
3
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