AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PRPOCEEDINGS
DOCKET NUMBER: BC-2012-00624
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show a medical retirement due to
“Post Traumatic Stress Disorder (PTSD) and Intervertebral Disc
Syndrome (IVDS) with degenerative arthritis and sciatica” rather
than “voluntary length of service.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. He began seeing a counselor at the Department of Veterans
Affairs (DVA) six months prior to his retirement ceremony.
After the first session, he was diagnosed with severe, chronic
PTSD. As his sessions continued, he realized the symptoms he
had been experiencing were indeed symptoms of PTSD. He chose to
see a counselor at the DVA versus a military health provider out
of fear it would impact his career and pending retirement.
2. He had back pain; however, he was not aware of the severity
until completing an examination through the VA.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty; VA Form 10-5345, Request for and Authorization to Release
Medical Records or Health Information; DVA Rating Decision
memorandum, and various other documents associated with his
request.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 Aug 87, the applicant entered enlisted in the Regular Air.
On 1 Feb 10, the applicant was retired in the grade of master
sergeant after serving 22 years, 5 months and 4 days of active
service.
On 25 Jun 10, the applicant was granted service-connection for a
list of medical conditions, to include Polycystic Kidney
Disease, PTSD and IVDS by the DVA and assigned a disability
rating of 100 percent.
_________________________________________________________________
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 error or injustice. It appears the
applicant believes the Department of Veterans Affairs (DVA)
decision to award him a 100 percent disability rating for his
numerous service-connected conditions; specifically, Post-
Traumatic Stress Disorder and Inter-vertebral Disc Syndrome
(IVDS) with degenerative arthritis and sciatica, substantiates
that his condition should have been rated by the Air Force. We
took notice of the applicant’s complete submission, in judging
the merits of the case; however, we find no evidence which would
lead us to believe his PTSD and IVDS rendered him unable to
perform military duties commensurate with his grade and
position. We note, the Air Force is required to rate an
individual's disability at the time of evaluation. The fact
that a person may have a medical condition does not mean that
the condition is unfitting. To be unfitting the condition must
be such that it alone precludes the member from fulfilling his
military duties. It is the charge of the DVA to pick up where
the Air Force must by law, leave off. It appears that the Air
Force appropriately considered the applicant's conditions and
whether or not they rendered him unfit to perform the duties of
his office and grade at that time. Therefore, we conclude that
the applicant has failed to sustain his burden of proof that he
has been the victim of an error or injustice. In view of the
above and 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
2
Panel Chair
Member
Member
The following members of the Board considered AFBCMR Docket
Number BC-2012-00624 in Executive Session on 15 Jan 13, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00624 was considered:
Exhibit A. DD Form 149, dated 26 Feb 12, w/atchs.
Exhibit B. Available Records.
Panel Chair
3
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