AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
DOCKET NUMBER:  BC-2012-02074 
COUNSEL:  NONE 
HEARING DESIRED: NO 

IN THE MATTER OF: 
   
   
 
    
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
1.  His  Post-Traumatic  Stress  Disorder  (PTSD)  rated  by  the 
Department of Veterans Affairs (DVA) be increased to 50 percent.  
 
2.  He  be  medically  retired  and  receive  back  pay;  and  all  base 
privileges. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
The  decision  by  the  United  States  Court  of  Federal  Claims  in 
December  2011  states  that  veterans  who  served  between  2003  and 
2008 should have their medical records amended; paid back pay and 
receive  military  health  care,  along  with  being  granted  base 
access. 
 
His complete submission, with attachments, is at Exhibit A.  
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On  10  Sep  03  and  3  Jan  04,  the  applicant  completed  a  post-
deployment  questionnaire,  which  indicated  no  impending  PTS 
condition.    The  applicant  was  placed  on  a  profile  during  the 
period from April 2005 through September 2006.   
 
The  applicant  received  an  Axis  I  diagnosis  of  “Acute  Stress 
Disorder;  The  Axis  II  diagnosis  was  deferred;  Axis  III 
contributory  factor  was  for  chronic  hip  pain  and  Axis  IV 
contributory factors were “psychosocial stressor(s) and “alleged 
sexual  assault.”    His  psychiatric  profile  remained  at  “S1W” 
[worldwide qualified]. 
 
The applicant’s commander offered non-judicial punishment to him 
for making an official statement that he was sexually assaulted 
behind a video store, which was not true and was then known by 
the  applicant  to  be  false.    He  waived  his  right  to  appeal  and 
accepted the Article 15.  The applicant was reduced in grade to 
senior airman (E-4), with a new date of rank of 10 Jan 08. 
 
 

 

 
 
The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is at Exhibit C. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
The BCMR Senior Medical Consultant recommends denial.  Addressing 
the  applicant’s  desire  to  receive  a  medical  retirement,  the 
military Disability Evaluation System can only offer compensation 
for  those  service  incurred  diseases  or  injuries  which 
specifically rendered a member unfit for continued active service 
and was the cause of career termination; and then only the degree 
of impairment present at the time of final military disposition 
and not based on future occurrences.  Although the applicant was 
allegedly  sexually  assaulted  and  now  claims  compensation  for 
PTSD,  the  evidence  is  insufficient  to  show  that  it  interfered 
with  his  military  service  to  the  extent  that  it  should  have 
resulted in a medical release from the military.  Additionally, 
it  is  noted  that  the  applicant  had  non-judicial  punishment 
initiated for making a false statement. 
 
Although there are entries in his medical records that reflect a 
diagnosis  of  “Acute  Strees  Disorder,”  absent  a  validated  cause 
for the applicant’s claimed PTSD and absent evidence that such a 
diagnosis  interfered  with  his  military  service,  the  Medical 
Consultant  concludes  the  applicant  has  not  met  the  burden  of 
proof of error or injustice that warrants the desired change of 
the record. 
 
The  applicant  is  reminded  that  the  Military  Departments, 
operating  under  Title  10  USC  only  offers  compensation  for  and 
when  an  illness  or  injury  is  the  cause  for  career  termination; 
and then only based upon the degree of severity or impairment at 
the  time  of  final  military  disposition.    However,  the  DVA  is 
authorized  to  offer  compensation  for  any  medical  condition 
determined  service  connected  without  regard  to  its  proven  or 
demonstrated impact upon a former service member’s retainability, 
fitness  to  serve,  narrative  reason  for  release  from  military 
service, or the span of time since release from military service. 
 
The  complete  BCMR  Senior  Medical  Consultant’s  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 10 Jan 13 for review and comment within 30 days.  As of this 
date, this office has received no response. 
 
_________________________________________________________________ 
 
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 BCMR Senior Medical Consultant and adopt his rationale as 
the basis for our conclusion that 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  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. 
 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2012-02074 in Executive Session on 21 Feb 13, under the 
provisions of AFI 36-2603: 
 
 
 
 
 
 
 
 
 
 
 
The  following  documentary  evidence  for  Docket  Number  BC-2012-
02074 was considered: 

, Chair 
, Member 
, Member 

 

 

 
 
    Exhibit A.  DD Form 149, dated 26 Apr 12, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, BCMR Medical Consultant, dated 10 Jan 13. 
    Exhibit D.  Letter, SAF/MRBC, dated 10 Jan 13. 
 
 
 
 
                                    
                                   Chair