RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2012-04016

								COUNSEL:  NONE

								HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT: 

1.	Reserve Order EK-0550 dated 14 December 2001, Reserve Order 
EL-2169 and all retirement documents from 2000 through 4 April 
2009 be expunged from his record and be replaced with a medical 
profile until the age of 60.

2.	He be medically retired due to his combat related injury of 
Post-Traumatic Stress Disorder (PTSD) and Major Depression.

3.	He be promoted to chief master sergeant.

4.	His awards and decorations be updated.

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APPLICANT CONTENDS THAT:

He was mismanaged in his position as an Air Reserve Technician 
(ART).  On 13 December 2001, a Merit System Protection Board 
(MSPB) ruled that he was incompetent and not of sound mind.  His 
civilian records are being updated accordingly.  He requests any 
retirement related documents be removed from his military 
records in line with his civilian retirement.  He also requests 
he be granted a medical discharge for the Air Force Reserve’s 
failure to investigate his PTSD and major depression. 

In support of his appeal, the applicant provides a personal 
statement, medical records, letter of support and documentation 
from his master personnel records.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 20 November 1968.  On 
3 January 2001, he received a physiciatric evaluation.  That 
evaluation stated that he would have significant difficulty 
performing his job and his prognosis would be extremely poor 
should he return to the same type of employment.  On 14 February 
2001, the applicant declined to have his case forwarded for 
review by the Informal Physical Evaluation Board (IPEB) for a 
fitness only determination.

On 29 October 2001, he was notified that separation action had 
been initiated against him due to physical disqualification.  He 
acknowledged the notification memorandum and his rights to elect 
retirement or be separated with an honorable discharge.  On 
9 November 2001, he elected to be transferred to the Retired 
Reserves effective 1 December 2001.  As of 4 April 2009, he was 
placed on the Retired Reserve List and authorized retired pay.

He was credited with 40 years, 4 months and 14 days for basic 
pay. 

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AIR FORCE EVALUATION:

AFRC/A1K recommends denial of the applicant’s request for 
promotion to chief master sergeant and denial of his request to 
update his awards.

Regarding the applicant’s request for promotion to chief master 
sergeant; Air Force Reserve personnel are promoted in accordance 
with AFPD 36-25 and Air Reserve Promotion Policy.  Under these 
provisions, individuals must hold a primary Air Force specialty 
code with a 9 skill level, 24-months’ time-in-grade, 14 years of 
satisfactory service for retirement, complete Reserve component 
Chief Orientation Course, be a satisfactory participant in 
accordance with AFI 36-2254VI, Reserve Personnel Participation 
and must meet physical fitness standards for promotion to chief 
master sergeant.  The individual must also be recommended by the 
assigned supervisor and approved by the promotion authority 
(commander).  It is solely at the discretion of the assigned 
supervisor/designee to recommend promotion to the promotion 
authority when the individual has met the promotion eligibility 
requirements for promotion to the next higher grade.  The 
applicant has not provided any documentation showing he was 
selected for promotion to chief master sergeant by the promotion 
authority.

With regard to the applicant’s request that his awards be 
updated; AFI 36-2803, Air Force Awards and Decorations Program, 
states no individual is automatically entitled to award upon 
completion of an operation, temporary duty assignment or 
departure for an assignment.  It further states that 
recommendations for awards should be initiated as soon as 
possible following the act, achievement or service.  The 
recommendation should be placed into official channels within 
two years and awarded within three years of the act, achievement 
or service.  There is no evidence a recommendation for award was 
placed in military channels or submitted.  

The complete AFRC/A1K evaluation is at Exhibit C.  

The BCMR Medical Consultant recommends approval of the 
applicant’s request to have his reserve retirement changed to a 
disability with placement on the Permanent Disability Retired 
List (PDRL).

The applicant served his country and the United States Air Force 
for over 30 years.  Through no fault of his own, he now has 
conditions which preclude him from adequately performing the 
duties required of his office, grade or rank.  His medical 
conditions create an unreasonable long-term risk to his health 
and mission degradation; particularly relevant in the context of 
the austere operational conditions and unrelenting physical 
stressors confronting all members of the military.  With this in 
mind, the Medical Consultant opines it appropriate to have the 
applicant’s orders amended to a medical retirement, effective 
4 April 2009, which parallels his civilian retirement date.

The applicant also requests his Depression and Post-Traumatic 
Stress Disorder be considered “combat related.”  DODI 1332.38 is 
clear in its intent that “combat related” is considered as while 
engaged in hazardous service.  Such service includes, but is not 
limited to, aerial flight, parachute duty, demolition duty, 
experimental stress duty and diving duty.  The record indicates 
the applicant’s depression and disappointment with the perceived 
loss of core values, integrity and honor.  These issues are 
central to his request regarding PTSD and Depression.  
Additionally, these issues all took place while in the United 
States and not while engaged in hazardous service.  While the 
applicant was involved in a new mission platform with prolonged 
hours and unidentified consequences, the benchmark for “combat 
related” has not been met.

The applicant’s records should be changed to reflect permanent 
disability retirement effective 4 April 2009, with a rating of 
50 percent as follows:

Occupations and social impairment with reduced 
reliability and productivity due to such symptoms as: 
flattened affect; circumstantial, circumlocutory, or 
stereotyped speech; panic attacks more than once a 
week; difficulty in understanding complex commands; 
impairment of short- and long-term memory (e.g., 
retention of only abstract thinking; disturbances of 
motivation and mood; difficulty in establishing and 
maintaining effective work and social relationships.  

The complete BCMR Medical Consultant’s evaluation is at 
Exhibit D.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 26 March 2013 and 19 June 2013 for review and 
comment within 30 days. As of this date, no response has been 
received by this office (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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice with regard 
to the applicant’s request to be promoted to chief master 
sergeant, update his awards, remove all retirement documentation 
and that his PTSD be considered combat related.  With regard to 
these requests, after a thorough review of the evidence of 
record and the applicant’s complete submission, we are not 
persuaded that record warrants the noted corrections.  The 
applicant’s contentions are duly noted; however, he has not 
provided persuasive evidence to override the rationales provided 
by the Air Force office of primary responsibility (OPR) and the 
BCMR Medical Consultant.  Therefore, we agree with the opinion 
and recommendation of the OPRS and adopt their rationale as the 
basis for our conclusion the applicant is not entitled to 
promotion to chief master sergeant and his military awards are 
accurate as currently reflected in his records.  Furthermore, we 
are not persuaded that his PTSD should be considered combat-
related as his condition was not caused while engaged in 
hazardous service.

4.  Notwithstanding the above determination, we believe some 
relief is warranted.  We agree with the BCMR Medical 
Consultant’s opinion the applicant, through no fault of his own, 
now has conditions which preclude him from adequately performing 
all the duties required of his office, grade or rank.  He should 
therefore, be medically retired effective 4 April 2009, to 
coincide with the date of his civilian retirement.  Accordingly, 
we recommend the applicant’s record be corrected to the extent 
indicated below.

5.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that:

	a. 	On 3 April 2009, he was found unfit to perform the 
duties of his office, rank, grade, or rating by reason of 
physical disability, incurred while he was entitled to receive 
basic pay; that the diagnosis in his case was Post-Traumatic 
Stress Disorder associated with Major Depressive Disorder VASRD 
code 9411, rated at 50 percent; that the degree of impairment 
was permanent; that the disability was not due to intentional 
misconduct or willful neglect; that the disability was not 
incurred during a period of unauthorized absence; and that the 
disability was not received in the line of duty as a direct 
result of armed conflict or caused by an instrumentality of war.

	b.	On 4 April 2009, he was not authorized retired pay under 
the provisions of Title 10, United States Code, Section 12731 
and placed on the USAF Reserve Retired List, but on that date, 
his name was placed on the Permanently Disability Retired List.  

	c.	His election of Survivor Benefit Plan option will be 
corrected in accordance with his expressed preferences and/or as 
otherwise provided for by law or the Code of Federal 
Regulations.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-04016 in Executive Session on 13 August 2013, 
under the provisions of AFI 36-2603:

All members voted to correct the record, as recommended.  The 
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dtd 30 Aug 12, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/A1K, dated 3 Dec 12.
    Exhibit D.  Letter, BCMR Medical Consultant, dtd 18 Mar 13.
    Exhibit E.  Letter, SAF/MRBC, 26 Mar 13.
    Exhibit F.  Letter, SAF/MRBC, dated 19 Jun 13.