RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2014-00094
                                 COUNSEL:  NONE
	  			HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

His diagnosis of adjustment disorder be changed to anxiety 
disorder and include Post Traumatic Stress Disorder (PTSD).  

________________________________________________________________

APPLICANT CONTENDS THAT:

He did not experience anxiety or sleep problems prior to his 
deployment to Iraq.  The change of diagnosis was done primarily 
to eliminate his case from further consideration to avoid 
financial responsibility.  He continues to suffer from anxiety.  

In support of his request, the applicant provides copies of his 
Department of Veterans Affairs (DVA) Form 21-4138, Statement in 
Support of Claim; AF Form 365, Findings and Recommended 
Disposition of USAF Physical Evaluation Board; AF Form      
1180, Action on Informal Physical Evaluation Board Findings and 
Recommended Disposition; Narrative Summary (NARSUM), Line of 
Duty Determination (LOD), DVA Rating Decision, medical 
information and various other documents associated with his 
request.

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

________________________________________________________________

STATEMENT OF FACTS:

In Feb 2009, the applicant was deployed to Sather Air Base (AB), 
Iraq, as a member of the Pennsylvania Air National Guard (ANG).  

According to the NARSUM, dated 8 Feb 2009, he self-referred and 
was treated at the mental health clinic at Sather AB, Iraq, 
before requesting to be sent home.  On or about 22 Apr 2009, he 
was returned to the Continental United States (CONUS) due to his 
symptoms of increased anxiety and panic attacks.  

An LOD, dated 19 May 2009, shows the applicant was diagnosed 
with an adjustment disorder with anxiety and was placed on 
profile rendering him not deployable.  The applicant was 
referred for a Medical Evaluation Board (MEB).

The Informal Physical Evaluation Board (IPEB) determined the 
applicant’s medical condition did not prevent him from 
reasonably performing the duties of his office, grade, rank or 
rating and found him fit for duty.   

On 21 May 2010, the Secretary of the Air Force directed he be 
returned to duty.  

According to AF Form 1180, dated 21 May 2010, the applicant 
agreed with the findings and recommended disposition of the IPEB 
and waived his right to a formal PEB hearing.   

On 9 May 2011, he was retired from the ANG in the grade of 
Master Sergeant (MSgt).

The applicant served 28 years, 6 months and 18 days for retired 
pay.

On 9 Sep 2013, the DVA denied the applicant’s request for 
service connection for acute combat stress/anxiety/insomnia.  

________________________________________________________________

AIR FORCE EVALUATION:

The Physical Disability Board of Review (PDBR), Special Review 
Panel (SRP) recommended there be no change of the applicant’s 
disability and permanent disability retirement determination.  
The SRP considered whether any mental condition, regardless of 
specific diagnosis was unfitting for continued military service.  
The applicant’s case file was reviewed regarding diagnosis 
change, fitness determination and rating of unfitting MH 
diagnosis IAW the Veterans Affairs Schedule for Rating 
Disabilities (VASRD).  All Panel members agreed that the 
evidence of the record reflected minimal MH related symptoms and 
the NARSUM indicated absent or minimal symptoms and good 
functioning in all areas.  There was no indication from the 
record that any MH condition significantly interfered with 
satisfactory duty performance in the period of time leading into 
the MEB; it was not judged to fail retention standards by the 
MEB NARSUM psychiatrist.  The SRP concluded that there was 
insufficient evidence that any MH condition rose to the level of 
being unfitting at the time of separation and therefore, none 
were subject to a service disability rating.  After due 
deliberation in consideration of the preponderance of the 
evidence, the SRP concluded that there was insufficient cause to 
recommend a change in the PEB fitness determination for the MH 
condition, and therefore, no disability ratings can be 
recommended.  

The complete PDBR SRP evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 Jan 2014, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
C).  As of this date, this office has not received a response.

________________________________________________________________

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.  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 Air Force office of primary responsibility and adopt its 
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. 

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 issue involved.  
Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

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-2014-00094 in Executive Session on 25 Mar 2014, under 
the provisions of AFI 36-2603:
     
      , Panel Chair
      , Member
      , Member

The following documentation in AFBCMR Docket Number BC-     
2014-00094 was considered:

	Exhibit A.  DD Form 149, dated 10 Apr 2013, w/atchs.
	Exhibit B.  Letter, PDBR, dated 7 Jan 2014, w/atch.
	Exhibit C.  Letter, SAF/MRBR, dated 9 Jan 2014.  




       
      				Panel Chair