RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05225
		COUNSEL:  NONE
		HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

Her diagnosis of bipolar disorder and Post-Traumatic Stress 
Disorder (PTSD) be added to the list of “unfit” conditions that 
led to her retirement from the Air Force.
________________________________________________________________

APPLICANT CONTENDS THAT:

Her bipolar disorder and PTSD was service aggravated and she is 
taking medications that were not finalized until after her 
retirement.

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

________________________________________________________________

STATEMENT OF FACTS:

On 11 Aug 95, the applicant commenced her enlistment in the 
Regular Air Force in the grade of Second Lieutenant (2Lt).

On 28 Sep 04, a Medical Evaluation Board (MEB) diagnosed the 
applicant with major depression that was found In the Line of 
Duty (ILOD) and recommended she be returned to duty and 
reassigned as a logistics officer.

On 6 Oct 04, the applicant was referred to an Informal Physical 
Evaluation Board (IPEB) for major depression associated with 
general medical manifestation.  The IPEB found the applicant fit 
and recommended she be returned to duty for further care and 
observation, with reevaluation in one year.

On 20 Jul 06, a MEB diagnosed the applicant with major 
depression and PTSD.  These conditions were found in the Line of 
Duty (LOD) and it was recommended that she continue 
pharmacotherapy and psychotherapy on a weekly to biweekly basis.

On 23 Aug 06, the applicant was referred to an IPEB for chronic 
back pain with degenerative disc disease and major depressive 
disorder.  The IPEB found the applicant’s condition unfitting 
and recommended a temporary retirement with a 60 percent 
compensable disability rating.  The applicant agreed with the 
findings and waived her rights to a formal hearing.

On 28 Aug 06, the Secretary of the Air Force directed the 
applicant be placed on the Temporary Disability Retired List 
(TDRL) under the provisions of 10 USC 1202.

On 1 Jun 07, the Department of Veterans Affairs (DVA) evaluated 
the applicant’s diagnosis of bipolar disorder, PTSD, 
degenerative disc disease/degenerative joint disease, left 
Achilles tendon injury, and chronic vertigo and granted her a 
80 percent combined disability rating.  

The DoD and DVA disability evaluation systems operate under 
separate laws.  Title 10 USC states that Physical Evaluation 
Boards (PEB) determine if a member’s condition renders them 
unfit for continued military service.  A diagnosed medical 
condition does not necessarily mean that the condition is 
unfitting for continued military service.  To be unfitting, the 
condition alone must preclude the member from fulfilling their 
military duties.  The USAF disability boards must rate 
disabilities based on the member’s condition at the time of 
evaluation.  The DVA picks up where the AF must, by law, leave 
off.  Under Title 38 USC, the DVA determines and reevaluate 
service-connected conditions.  Often times, the results are 
different ratings by the two agencies.

On 17 Oct 08, an IPEB conducted a full review of the applicant’s 
case and recommended she remain on the TDRL with a combined 
70 percent compensable disability rating.

On 17 Mar 10, during the applicant’s second TDRL reevaluation, 
the IPEB recommended she be removed from TDRL and permanently 
retired with a combined disability rating of 60 percent.  The 
bipolar disorder was rated at 30 percent and the degenerative 
disc disease lumbar spine at 20 percent.  On 30 Mar 10, the 
applicant concurred with the recommended findings.

On 9 Apr 10, the applicant was removed from the TDRL and 
permanently retired for physical disability, effective 29 Apr 
10.  She was credited with 11 years, 5 months, and 3 days of 
total active service.

________________________________________________________________

AIR FORCE EVALUATION:

PDBR/MHSRP recommends denial, indicating the preponderance of 
evidence does not support a change of the applicant’s disability 
and separation determination.  After a careful review of the 
applicant’s treatment record, the Special Review Panel (SRP) 
concluded that only the diagnosis of major depressive disorder 
at the time the applicant was placed on TDRL was consistent with 
the clinic evaluations and management.  The SRP also concluded 
that the evidence did not support PTSD as an initial unfitting 
condition at the time of initial placement on TDRL.  The IPEB 
adjudicated the PTSD as not in the line of duty without a rating 
deduction for the unfitting mental health condition.  The SRP 
also noted that a new condition that develops during the period 
of TDRL is not eligible for consideration in the Disability 
Evaluation System (DES).

Additionally, the SRP reviewed the change in diagnosis from 
major depressive disorder to bipolar disorder and agreed that 
the diagnosis change was appropriate.  The preponderance of the 
evidence favored the diagnosis of bipolar disorder at the time 
of the initial TDRL evaluation.  However, at the exit of the 
TDRL, the SRP agreed the evidence did not exceed the 50 percent 
rating adjudicated by the IPEB and concluded that there was 
insufficient cause to recommend a change in the PEB adjudication 
of the applicant’s mental health conditions.

A copy of the MHSRP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 8 Nov 13 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

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 error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Physical Disability Review Board (PDBR) Mental Health 
Special Review Panel (SRP) and adopt their rationale as the 
basis for our conclusion 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 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-2013-05225 in Executive Session on 18 Sep 14, under 
the provisions of AFI 36-2603:

	                                  , Panel Chair
	                               , Member
	                           , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Apr 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, PDBR/MHSRP, dated 20 Sep 13.
	Exhibit D.  Letter, SAF/MRBR, dated 8 Nov 13.
                                   
                                   
                                  

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