RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03047

	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  She be medically retired with at least a compensable 
disability rating of 30 percent.  

2.  Her Line of Duty (LOD) Determination be found “In the Line 
of Duty.”

________________________________________________________________

APPLICANT CONTENDS THAT:

On 29 Mar 13, she was discharged without her LOD being 
finalized.

On 14 Mar 13, she requested a resignation due to personal 
reasons related to a sexual assault by her Military Training 
Leader (MTL) while attending technical school training.  

Prior to her discharge, she was informed that her LOD was 
approved and finalized.  However, subsequent to her discharge, 
on or about 29 May 13, her former commander notified her that 
her LOD had not been finalized.

She does not wish to return to military status to continue the 
LOD process.  She is seeking treatment weekly and does not feel 
that she can be successful in completing her treatment and 
fulfill her military obligation.

Finding out that her assailant was court-martialed, she thought 
that she could finally move forward with her life.  But finding 
out that her LOD was not approved prior to her discharge 
continues to add stress and aggravation to her life.

In support of her appeal, the applicant provides a personal 
statement, copies of a letter from her former deputy maintenance 
group commander and electronic mail correspondence.

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

________________________________________________________________


STATEMENT OF FACTS:

On 27 May 10, the applicant enlisted in the West Virginia Air 
National Guard (WVANG).  On 31 May 11, she entered her Initial 
Active Duty for Training (IADT) for basic military training and 
technical school training.

On 23 Dec 11, she was released from active duty with a reason 
for separation of completion of IADT.  She was credited with 
6 months and 23 days of active duty service.

On 3 Jan 13, an LOD was initiated and the applicant was 
diagnosed with Post Traumatic Stress Disorder and Depressive 
Disorder – Not Otherwise Specified (NOS). 

On 29 Mar 13, the applicant was relieved from her assignment and 
discharged from the WVANG.

________________________________________________________________

AIR FORCE EVALUATION:

NGB/SGPA recommends relief be granted with a LOD finding of “In 
the Line of Duty.”  SGPA could not recommend a disability rating 
or retirement.

On 3 Jan 13, an LOD was initiated by the applicant’s medical 
provider.  The LOD indicated that the condition stemmed from an 
incident that happened in the fall of 2011 while the applicant 
was attending initial technical training for her Air Force 
Specialty Code (AFSC).  It is unclear from the documentation 
provided when the applicant reported the medical condition.  On 
14 Mar 13, the applicant signed a conditional release with the 
130th Force Support Squadron (FSS) and, on 29 Mar 13, she was 
honorably discharged.  On 22 Mar 13, the LOD was completed at 
the Wing level and found to be “In the Line of Duty.” 

SGPA notes that LODs that have “questionable circumstances,” 
disease processes and/or Existed Prior to Service (EPTS) 
normally require finalization by NGB/SG and NGB/A1.  In 
accordance with (IAW) AFI 36-2910, Line of Duty (Misconduct) 
Determination, para 2.2.3 members should not be separated while 
an LOD determination is pending.  The LOD was received by NGB/SG 
after the applicant was separated from the military.  However, 
SG states that the determination would have been finalized as 
"In the Line of Duty."  

The applicant is also requesting a 30 percent disability with a 
military retirement.  NGB/SG is not able to determine a 
disability rating and/or a military retirement.  However, the 
applicant may receive care and treatment and apply for a 
disability rating through the Department of Veterans Affairs 
(DVA).

The complete SGPA evaluation is at Exhibit C.

The BCMR Medical Consultant recommends a finding of Post-
Traumatic Stress Disorder (PTSD), in line of duty, that her PTSD 
was unfitting for continued military service, and that she be 
placed on the Temporary Disability Retired List (TDRL) with a 
compensable disability rating of 50 percent, under VASRD Code 
9411, effective 29 Mar 13.  

The Medical Consultant notes that the military Disability 
Evaluation System (DES), established to maintain a fit and vital 
fighting force, can by law, under Title 10, United States Code 
(U.S.C.), 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 time of separation and not based on future occurrences.  
Department of Defense Instruction (DoDI) 1332.32, Physical 
Disability Evaluation, Enclosure 3, Part 3, Standards For 
Determining Unfitness Due To Physical Disability Or Medical 
Disqualification, paragraph E3.P3.2.1, reads:" A Service member 
shall be considered unfit when the evidence establishes that the 
member, due to physical disability, is unable to reasonably 
perform the duties of his or her office, grade, rank, or rating 
(hereafter called duties) to include duties during a remaining 
period of Reserve obligation."  In the case under review, there 
was at least one documented recommendation made to remove the 
applicant from her primary duties due to PTSD and Depressive 
Disorder.  

Despite the absence of necessary documentation to optimally 
adjudicate the applicant's case, the facts remain that she was 
diagnosed with a disqualifying medical condition and was 
restricted from worldwide qualification for an indeterminate 
period [beginning on or about 28 Nov 12]; but apparently chose 
to separate "for personal reasons" and was allowed to execute 
the separation prior to higher-level review of her LOD [likely 
without her knowledge or the knowledge of her local medical unit 
and personnel office].  It is not known if the applicant's Guard 
unit medical provider was ever aware of her election to separate 
and it is not known whether the applicant presented for follow-
up care [documentation not supplied] at her Guard medical unit 
following her 28 Nov 12 consultation at the mental health 
clinic.  

The Medical Consultant is sensitive to the trauma reportedly 
experienced by the applicant, but has been challenged to justify 
a disability retirement, based upon a report of a criminal act 
[conviction documentation not supplied] that occurred one year 
previously, with very limited medical documentation to indicate 
existence of a long-standing duty impairment or one so severe as 
to warrant termination of military service at the time of her 
release from military service; particularly in the context of 
her voluntary release from service for Miscellaneous Reasons.  
The applicant would like the Board to believe that she chose to 
be discharged "due to personal reasons related to a sexual 
assault issue."

Thus, the question confronting the Medical Consultant and the 
Board is to determine whether the failure to retain the 
applicant until completion of her LOD and the single progress 
note of 28 Nov 12, showing the applicant to be diagnosed with 
PTSD and Depressive Disorder, collectively warrant rescinding 
her elective separation under AFI 36-3209; and supplanting with 
an unfit finding and a medical retirement due to PTSD.  The 
applicant's Deputy Commander appears to support such an action, 
as she characterized her current basis for separation as 
“incorrect.”

In view of the current evidence and support of the applicant's 
Deputy Commander, the Medical Consultant recommends rescinding 
the applicant's separation for Miscellaneous Reasons and 
directing her placement on the TDRL with a 50 percent disability 
rating due to PTSD, IAW 38 C.F.R, Section 4.129, effective 
29 Mar 13, for a period of six months following which a 
reevaluation will be conducted to determine if a change in 
disability rating is warranted.  Since six months has already 
passed since the applicant's date of separation, the applicant 
should receive a mental health re-evaluation by a psychiatrist 
or PhD-level psychologist at the earliest available date, in 
coordination with the applicant’s availability.  In conducting 
the clinical evaluation, the evaluating provider should utilize 
the Department of Veterans Affairs Disability Benefits 
Questionnaire (DBQ) for mental disorders, as this will 
facilitate any subsequent disability rating determinations.  The 
assessment should conclude with an Axis V diagnostic 
arrangement, to include the applicant's level of impairment in 
social and industrial adaptability and her Global Assessment of 
Functioning.  When completed this information should be promptly 
forwarded to the AFBCMR Medical Consultant for a recommended 
final disposition of the applicant's military service.  

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 12 Nov 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit E).

________________________________________________________________



THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action.  The NGB office of primary responsibility and 
the BCMR Medical Consultant has adequately addressed the issues 
presented by the applicant and we are in agreement with their 
opinions and recommendations.  Therefore, we recommend the 
applicant’s record be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

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

	a.  On 28 March 2013, she was found unfit to perform the 
duties of her office, rank, grade, or rating by reason of 
physical disability, incurred while she was entitled to receive 
basic pay; the diagnosis in her case was Post Traumatic Stress 
Disorder, VASRD Code 9411; the compensable percentage was 
50 percent; the degree of impairment is temporary; the 
disability was not due to intentional misconduct or willful 
neglect; 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.  She was not honorably discharged from the West Virginia 
Air National Guard on 29 March 2013, but, on 30 March 2013, her 
name was placed on the Temporary Disability Retired List (TDRL).  

Since this record correction is retroactive to 2013 she is now 
due for a TDRL re-evaluation under 10 U.S.C. 1210 and AFI 36-
3212.  Such re-evaluation must occur as soon as practicable and 
be performed by a psychiatrist or PhD-level psychologist.  The 
reevaluation must conclude with a 5-Axis diagnosis and the level 
of impairment in civilian social and industrial adaptability.  
The applicant may alternatively utilize an existing current 
[2014] evaluation from the Department of Veterans Affairs that 
meets the requested diagnostic requirements.  The results of the 
re-evaluation must be forwarded to the Air Force Board for 
Correction of Military Records at the earliest practicable date, 
so that the Board may complete final adjudication of this case.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2013-03047 in Executive Session on 24 April 2014, 
under the provisions of AFI 36-2603:

, Chair
, Member
, Member

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

    Exhibit A.  DD Form 149, dated 15 Jun 13, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, NGB/SGPA, dated 3 Oct 13.
    Exhibit D.  Letter, BCMR Medical Consultant, dated 7 Nov 13.
    Exhibit E.  Letter, SAF/MRBR, dated 12 Nov 13.




                                   
                                   Chair