RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03087 

COUNSEL: 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. She be medically retired and placed on the Permanent 
Disability Retired List (PDRL) as of the date of her separation. 

 

2. She be awarded a disability rating of 30 percent for her 
condition of chronic depression. 

 

3. She receive retirement pay since her date of separation, 
offset by the separation pay she previously received as a result 
of her medical separation. 

 

4. Her DD Form 214, Certificate of Release or Discharge from 
Active Duty, be changed to reflect a medical retirement. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The Formal Physical Evaluation Board’s (FPEB) findings that her 
condition of chronic depression was “mild impairment” and 
evaluated at a ten percent disability rating, is unsupported by 
the clinical record. At the date of the FPEB, she met the 
criteria for a 30 percent disability and a medical retirement. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
entered active duty on 21 November 1996. 

 

The applicant was referred to a Medical Evaluation Board (MEB) 
for recurring patterns of psychological and interpersonal 
difficulties in both military and civilian settings; and, her 
inability to achieve a satisfactory score on her fitness test in 
2009. The MEB, conducted on 16 February 2010, identified chronic 
depression as the unfitting condition and recommended referral to 
the Informal Physical Evaluation Board (IPEB). 

 

The IPEB reviewed the applicant’s case on 25 May 2010, for 
Depression Associated with Anxiety and Obstructive Sleep Apnea 
(OSA) requiring use of a Continuous Positive Airway Pressure 


(CPAP) device. The IPEB recommended the applicant be returned to 
duty noting: “the commander notes her condition does not prevent 
her from serving in her primary AFSC in future assignments…her 
military impairment is mild with occupational/social impairment 
due to mild or transient symptoms which decrease work efficiency 
and ability to perform occupational tasks only during periods of 
significant stress. The OSA has responded well to CPAP.” 

 

On 4 June 2010, the applicant non-concurred with the IPEB 
findings and requested a formal hearing with counsel, contending 
she was unfit for duty and should receive a 30 percent disability 
rating for her Depression with Anxiety and another 30 percent for 
migraine headaches for a combined disability rating of 50 percent 
and a permanent retirement. 

 

An addendum to the initial MEB mental health assessment was 
conducted on 2 August 2010. The assessment conducted by a 
clinical psychologist described the applicant as having “numerous 
stressors that have increased her depressive and anxious 
symptoms.” The reports described details of substantial mental 
health challenges resulting in inadequate work performance, 
impaired social functioning, and in-patient psychiatric 
hospitalization for suicidal ideation. At this time, the 
applicant’s depression and anxiety was assessed to result in a 
moderate degree of military and social/industrial impairment. 

 

The FPEB considered the applicant’s case on 10 August 2010 and 
recommended discharge with severance pay with a disability rating 
of ten percent for depression associated with anxiety. The FPEB 
considered her OSA as a condition that could be unfitting but was 
not currently compensable or ratable at the time of the board. 
The FPEB noted: “After a review of the medical records and the 
member’s testimony, the board does not find evidence of 
occupational & social impairment with occupational tasks, which 
would be necessary for a rating of 30%.” 

 

On 12 August 2010, the applicant concurred with the FPEB 
recommendation. She was honorably discharged with severance pay 
effective 24 December 2010 after serving 11 years, 1 month, and 
4 days on active duty. 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial. DPSD states the preponderance of 
evidence reflects that no error or injustice occurred during the 
applicant’s disability processing. The documentation submitted 
by the applicant, through her counsel, is the same medical 
documentation that was reviewed by both the IPEB and FPEB during 
her disability processing. She did not submit any new 
documentation for consideration. 

 

The complete DPSD evaluation is at Exhibit C. 

 


The BCMR Individual Mobilization Augmentee (IMA) Medical Advisor 
recommends approval and states, in part, that based on the 
evidence of the applicant’s mental health assessment at the time 
of her separation, a moderate level of military and 
social/industrial impairment is more likely than not an accurate 
description of her mental health. Based on the MEB mental health 
addendum in August 2010, there was sufficient progression in the 
applicant’s mental health signs and symptoms to warrant an 
increased service connection at the 30 percent rating. It 
remains unclear as to whether the addendum to the MEB was 
considered in the 10 percent final rating decision. However, the 
conclusion that a 30 percent service connection is more 
appropriate based on the mental health state at the time of 
separation in addition to the history of prior psychiatric 
interventions and the progressive nature of the applicant’s signs 
and symptoms of chronic depression. 

 

A complete copy of the BCMR IMA Medical Advisor’s evaluation is 
at Exhibit D. 

 

_________________________________________________________________ 

 

COUNSEL'S REVIEW OF THE EVALUATIONS: 

 

He and his client are in full accord with the BCMR IMA Medical 
Advisor’s opinion and urge the Board to accept the wisdom of his 
conclusion. 

 

_________________________________________________________________ 

 

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 an injustice to warrant relief. 
After considering the totality of the evidence before us, we 
agree with the opinion and recommendation of the BCMR IMA Medical 
Advisor that the applicant’s condition of Chronic Depression was 
moderate, rather than mild, at the time of her separation, 
warranting a 30 percent disability rating. Therefore, in view of 
the foregoing and based on the applicant’s concurrence of the 
recommended relief, we recommend her records be corrected as 
indicated below. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 


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 10 August 2010, the diagnosis in her case was Chronic 
Depression, with a moderate degree of military and 
social/industrial impairment, VASRD Code 9434, rated at 30 
percent. 

 

b. Her name was placed on the Permanent Disability Retired 
List, effective 25 December 2010. 

 

c. Her election of Survivor Benefit Plan option(s) will be 
corrected in accordance with her expressed preferences and/or as 
otherwise provided for by law or the Code of Federal Regulations. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03087 in Executive Session on 16 April 2013, under 
the provisions of AFI 36-2603: 

 

Panel Chair 

Member 

Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence for AFBCMR Docket Number BC-2012-
03087 was considered: 

 

Exhibit A. DD Form 149, dated 11 Jul 12, with atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFPC/DPSD, dated 9 Oct 12. 

Exhibit D. Letter, BCMR IMA Medical Advsr, dated 10 Jan 13. 

Exhibit E. Letter, SAF/MRBC, dated 11 Jan 13. 

Exhibit F. Letter, Counsel, dated 25 Jan 13. 

 

 

 

 

 

 Panel Chair