RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01287

		COUNSEL:  NONE

		HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

1.  His diagnosed Post-Traumatic Stress Disorder (PTSD) be included in his original Temporary Disability Retired List (TDRL) rating computation.  

2.  His DD Form 230, Service Record, be updated.  

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APPLICANT CONTENDS THAT:

1.  He was authorized a tour of duty to Vietnam while on the TDRL.  The injuries he sustained prior to his tour became more severe and he was later diagnosed with PTSD.  He has been treated for his disabilities to include PTSD; however, he has not received compensation pay.  

2.  His DD Form 230 does not accurately reflect his entire service record and the missing entries are needed for his PTSD claim.  

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

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate that he enlisted in the Regular Air Force on 9 Jun 52.  

On 29 Oct 64, the Physical Evaluation Board (PEB) determined the applicant was unfit for his duties due to his diagnosis of Schizophrenic reaction, paranoid type, moderate, chronic and recommended he be placed on the temporary disability retired list (TDRL).  

On 29 Oct 64, the applicant concurred with the findings of the PEB and, on 2 Feb 65, he was relieved from active duty and placed on TDRL, effective 3 Feb 65, with a combined compensable disability rating of 50 percent.  
On 8 Jun 66, a periodic TDRL re-evaluation was conducted and the applicant was retained on TDRL with a combined disability rating of 50 percent for his non-combat related Schizophrenic reaction, paranoid type, moderate, chronic, in partial remission.  

On 27 Oct 67, a PEB was convened to reevaluate the applicant.  The applicant was diagnosed with Schizophrenic reaction, paranoid type, chronic, in partial remission, slight impairment.  The PEB recommended the applicant be removed from the TDRL and discharged with entitlement to severance pay and a compensable disability rating of ten percent.  

On 14 Feb 68, the PEB was convened to reevaluate the applicant.  The applicant was diagnosed with Schizophrenic reaction, paranoid type, chronic, in partial remission, definite impairment.  The PEB recommended the applicant be permanently retired with a compensable disability rating of 30 percent.  

On 11 Mar 68, the applicant was removed from TDRL and retired in the grade of Staff Sergeant under the provisions of 10 USC 1210 with a compensable disability rating of 30 percent for physical disability, effective 28 Mar 68.  The applicant was credited with 12 years, 7 months, and 24 days total active service for retirement. 

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AIR FORCE EVALUATION:

AFPC/DPFD recommends denial, indicating the preponderance of evidence reflects that no error or injustice occurred in the applicant’s disability processing or at the time of separation.  The applicant was placed on the TDRL and reevaluated on three separate occasions.  He was subsequently removed from the TDRL with a permanent disability retirement with a rating of 30 percent.  At no time was the applicant boarded for PTSD.  The Department of Defense and the Department of Veterans Affairs (DVA) disability evaluation systems operate under separate laws. In accordance with Title 10, the PEB determines if a member’s condition renders them unfit for continued military service.  To be unfitting, the condition must be such that it alone precludes the member from fulfilling their military duties.  The law provides appropriate compensation due to the premature termination of a member’s career.  A member’s rate of disability is based on their condition at the time of evaluation; in essence it is a snapshot of their condition at that time.  The DVA operates under Title 38 and picks up where the Air Force leaves off and provides compensation for any condition they determine was incurred while performing active service, regardless of whether or not said condition caused the member to be unfit for their duties.  The DVA is empowered to periodically re-evaluate veterans for the purpose of adjusting the disability rating should the applicant’s degree of impairment vary over time.  
A complete copy of the AFPC/DPFD evaluation is at Exhibit C.

AFPC/DPSIRP recommends denial of the applicant’s request related to his DD Form 230, indicating there is no evidence of an error or injustice.  The DD Form 230 is an obsolete document and, as such, cannot be updated.  The source documents for the information the applicant is requesting to be updated to the DD Form 230 are maintained in his Official Military Personnel Record and can be used as proof of these actions.  

A complete copy of the AFPC/DPSIRP evaluation is at Exhibit D.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant argues that he was not released from military service in 1965 but reassigned and placed on the TDRL.  He was later returned to active duty for a tour of duty in Vietnam.  He refutes that he was never boarded for PTSD.  It was during his tour in Vietnam and at Wilford Hall that he was boarded for PTSD as evidenced by his service connected PTSD claims which were rated at ten percent at his final evaluation on 11 Mar 68.  He reiterated that his DD Form 230 is inaccurate and he is currently being treated for PTSD.  

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  After careful consideration of the evidence of record, we find the application untimely.  The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records.  The applicant has not shown a sufficient reason for the delay in filing on a matter now dating back over 45 years, which has greatly complicated our ability to determine the merits of the application.  Therefore, we are not persuaded the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner.  

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THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.  

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The following members of the Board considered AFBCMR Docket Number BC-2013-01287 in Executive Session on 10 Jun 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:  

     Exhibit A.  DD Form 149, dated 21 Aug 13, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPFD, dated 18 Sep 13.
     Exhibit D.  Letter, AFPC/DPSIRP, dated 8 Nov 13.
     Exhibit E.  Letter, SAF/MRBR, dated 21 Jan 14.
     Exhibit F.  Letter, Applicant, dated 17 Feb 14, w/atchs.
     



                                   
                                   Panel Chair
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