AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
 
DOCKET NUMBER:  BC-2012-01117 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His removal from the Temporary Disability Retired List (TDRL) and 
discharge with entitlement to disability severance pay, effective 
8  September  2010,  be  changed  to  a  permanent  retirement  with  a 
minimum 40 percent disability rating. 
 
By amendment at Exhibit E, the applicant now seeks a 50 percent 
disability rating. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  believes  he  should  receive  a  medical  retirement.    He  was 
placed  on  the  TDRL  for  PTSD  based  on  his  experiences  while 
serving in support of Operation Iraqi Freedom (OIF) and recently 
tested  positive  for  Traumatic  Brain  Injury  (TBI).    During  a 
medical exam he was led to believe that because his PTSD had not 
stabilized, he would either be continued on the TDRL or granted a 
permanent disability retirement.   
 
He still has PTSD and is in a constant struggle to keep a job due 
to the medication and troubles related to the TBI and PTSD.   
 
In  support  of  the  applicant’s  appeal,  he  provides  a  personal 
statement  and  documents  extracted  from  his  military  personnel 
records. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  enlisted  in  the  Regular  Air  Force  on  15  November 
2000. 
 
 
 
 

 
 

 

 
A  Medical  Evaluation  Board  (MEB)  convened  and  referred  the 
applicant's case to an Informal Physical Evaluation Board (IPEB) 
with a diagnosis of PTSD.  On 21 September 2006, the IPEB found 
him unfit for further military service and recommended placement 
on the TDRL with a disability rating of 30%.  On 10 June 2010, 
the  IPEB  reviewed  the  medical  information  and  recommended  the 
applicant be removed from the TDRL and discharged with severance 
pay  with  a  disability  rating  of  10  percent.    The  medical 
narrative indicated that the applicant’s condition was improving 
and his social and industrial adaptability impairment was mild.   
 
Special  Order  ACD-02539  issued  20 August  2010  removed  the 
applicant  from  the  TDRL  effective  8  September  2010.    He  served 
5 years, 11 months, and 22 days on active duty. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSD  recommends  denial.    DPSD  sates  records  indicate  that 
travel orders and the findings from his first TDRL re-evaluation 
in  2008  were  mailed  to  his  home  address  in  Kentucky.    The 
findings  from  his  second  TDRL  re-evaluation  were  mailed  to  the 
same address on 11 June 2010.  The orders removing him from the 
TDRL effective 8 September 2010 were also mailed to the address 
in  Kentucky  on  20  August  2010.    His  application  for  correction 
indicates that he did receive the final package with orders that 
indicated he was removed from the TDRL and given discharge with 
severance  pay  with  a  10  percent  disability  rating.    The 
preponderance  of  evidence  reflects  that  no  error  or  injustice 
occurred during the disability process. 
 
The DPSD complete evaluation is at Exhibit C. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
His conditions with his PTSD or TBI have not improved.  He has 
recently been diagnosed as 80% disabled through the VA and 100% 
through  SSI.    His  medical  condition  has  not  improved.    He  now 
asks for a 50 percent disability rating rather than 40 percent. 
 
The applicant’s complete response, with attachment, is at Exhibit 
E. 
 
_________________________________________________________________ 
 
 
 
 
 

 

2 
 

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  an  error  or  injustice.    After  a 
thorough review of the record and the applicant's submission, we 
find no error or injustice in regard to his disability processing 
or  the  final  rating  applied.    In  this  respect,  we  note  the 
military  DES,  operating  under  Title  10,  is  established  to 
maintain a fit and vital force and can compensate for unfitting 
conditions  which  render  a  member  unfit  and  unable  to  perform 
their military duties, and then only to the degree of severity at 
the time of separation and not based on future possibilities.  No 
change  in  disability  ratings  can  occur  after  permanent 
disposition,  even  though  the  condition  may  become  better  or 
worse.  Although the Air Force is required to rate disabilities 
in  accordance  with  the  VASRD,  the  DVA  operates  under  a  totally 
separate  system  with  a  different  statutory  basis.    The  DVA, 
operating under Title 38, rates for any and all service-connected 
conditions,  to  the  degree  they  interfere  with  future 
employability,  without  regard  to  whether  it  was  unfitting  for 
continued  military  service.    The  DVA  is  also  empowered  to 
reevaluate  veterans  periodically  for  the  purpose  of  changing 
their disability awards if their level of impairment varies over 
time.    Thus,  the  two  systems  represent  a  continuum  of  medical 
care  and  disability  compensation  that  starts  with  entry  on  to 
active duty and extends for the life of the veteran.  In view of 
this  and  since  the  recommendation  and  opinion  of  the  Air  Force 
office of primary responsibility is supported by the evidence of 
record,  we  adopt  its  rationale  as  the  basis  for  our  conclusion 
that  the  applicant  has  not  been  the  victim  of  an  error  or 
injustice.    Therefore,  in  the  absence  of  evidence  to  the 
contrary,  we  find  no  basis  to  recommend  granting  the  relief 
sought in this application. 
 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01117  in  Executive  Session  on  16  October  2012, 
under the provisions of AFI 36-2603: 
 
 
 
 
 
 
 
 
 
The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-01117 was considered: 
 

3 

 
  Exhibit A.  DD Form 149, dated 10 December 2011, w/atchs. 
  Exhibit B.  Applicant’s Master Personnel Records. 
  Exhibit C.  Letter, AFPC/DPSD, dated 2 May 2012. 
  Exhibit D.  Letter, SAF/MRBR, dated 11 May 2012. 
  Exhibit E.  Letter, Applicant, not dated, w/atch. 
 
 
 
 
 
 

 

4