RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-01247
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

Her mental health (MH) diagnosis be reviewed.  


APPLICANT CONTENDS THAT:	

Her military disability evaluation should be reviewed in accordance with the directive, issued by the Secretary of Defense (SecDef), to conduct a comprehensive review of service members referred to a disability evaluation process between 11 September 2001 and 30 April 2012, whose MH diagnoses were changed or eliminated during that process.  

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant’s military personnel records indicate that she enlisted in the Regular Air Force on 29 May 2007.  

On 1 May 2009, an AF Form 469, Duty Limiting Condition Report, was initiated that restricted the applicant’s duty and mobility through 1 November 2009.  Specifically, she was required to undergo a Medical Evaluation Board (MEB) to determine her medical fitness for continued worldwide duty and retention.  In addition, she was referred to the Department of Defense (DoD) and Department of Veterans Affairs (DVA) Disability Evaluation System (DES) Pilot Program.  

On 21 May 2009, a psychiatrist’s MEB narrative summary (NARSUM) indicated the applicant to be an unlikely candidate for any foreseeable future deployment.  Also, her prognosis in the military was guarded due to her diagnosis of impairment for post-traumatic stress disorder (PTSD).  

On 22 July 2009, a compensation and pension examination for PTSD was completed by a board certified psychiatrist, which determined the applicant did not meet the criteria for PTSD.  Specifically, she was diagnosed with an anxiety disorder NOS with depressive features.  
On 24 August 2009, a NARSUM addendum was initiated in which the psychiatrist reiterated his previous diagnoses determined on 21 May 2009.  

On 22 September 2009, an MEB convened to consider the applicant for retention in the military due to her diagnoses of PTSD and chronic back pain.  The MEB recommended referral to an Informal Physical Evaluation Board (IPEB).  

On 6 October 2009, the applicant acknowledged receipt of her referral to an IPEB.  

On 12 November 2009, the IPEB convened and determined the applicant to be unfit due to her physical disability and the inability to overcome the presumption of fitness.  Specifically, her degree of impairment may be permanent and therefore a compensable percentage was held in abeyance upon receipt of disability ratings from the DVA.  

On 15 December 2009, the DVA was notified of the applicant’s PEB findings and a request was made for a disability rating percentage to be accompanied with a rationale.  

On 28 December 2009, the DVA initiated a disability determination under the DES Pilot Program and proposed a service connected combined evaluation for DES purposes, at a disability rating of 50 percent.  

On 7 January 2010, an IPEB was convened and determined the applicant was unfit for her duties due to her diagnosis of anxiety disorder and chronic lumbar sprain, respectively referred to by the MEB as PTSD and lumbago.  Since the applicant’s condition was not stabilized, she was placed on the temporary disability retired list (TDRL), with a combined compensable disability rating of 40 percent.  

On 10 January 2010, the applicant concurred with the findings and recommendation of the IPEB and waived her rights to a Formal PEB hearing and requested a discharge.  

On 20 January 2010, the Secretary of the Air Force directed the applicant be placed on the TDRL.  

On 21 January 2010, the applicant was relieved from active duty and placed on the TDRL, effective 26 February 2010, with a compensable disability rating of 40 percent.  

On 14 April 2010, the DVA provided a rating decision and determined the applicant’s entitlement to a combined compensable disability rating of 50 percent, effective 27 February 2010.  
	
On 28 September 2011, the applicant underwent a TDRL periodic examination as it relates to her diagnosed lumbago and PTSD.  The physical therapist, as well as, the psychiatrist recommended the applicant be permanently retired due to her failure to make progress since her discharge and remaining unfit for military duty.  

On 27 December 2011, an IPEB was convened to reevaluate the applicant’s medical conditions.  The IPEB determined her conditions appeared not likely to change over the next several years and therefore recommended she be permanently retired with a compensable disability rating of 40 percent.  

On 6 January 2012, the applicant concurred with the findings and recommendation of the IPEB.  

On 12 January 2012, the applicant was removed from the TDRL and retired in the grade of Senior Airman per Air Force Instruction 36-3212, Physical Evaluation for Retention, Retirement and Separations, with a compensable percentage of 40 percent for physical disability, effective 1 February 2012.  The applicant was credited with 2 years, 8 months, and 28 days total active service for retirement.  

On 27 March 2015, SAF/MRBC provided the applicant a copy of the PDBR SRP evaluation endorsed by a psychiatrist as required by the Fiscal Year 2015 National Defense Authorization Act (FY 15 NDAA) Section 521 (Exhibit E).  

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.  


AIR FORCE EVALUATION:

Physical Disability Board of Review (PDBR) Special Review Panel (SRP) recommends no change to the applicant’s disability and medical retirement determination, as it relates to her diagnosed MH condition.  However, a change in the Veterans Affairs schedule for rating disabilities (VASRD) code should be changed to reflect 9413 (anxiety disorder not otherwise specified (NOS)) condition rather than 9411 (PTSD), for the applicant’s condition.  

The SRP panel noted PEB coding of 9411 in the post-TDRL adjudication, and considered this was likely an error since the diagnosis remained the same.  The Panel concluded regardless of the coding, this had no adverse effect on the applicant and was not to the applicant’s disadvantage.

The SRP agreed at the time of permanent retirement, the applicant’s symptoms remained unchanged and stable with no MH treatment, no hospitalizations, and no recorded visits to the emergency room for mental health issues.  Her symptoms reflected the criteria for the 30 percent 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 adjudication for the applicant’s MH conditions at TDRL entry or permanent retirement.

A complete copy of the PDBR SRP evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 26 March 2014 and 27 March 2015 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.


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 an error or injustice to warrant a change to the applicant’s disability and medical retirement determination.  After thoroughly reviewing the evidence of record and noting the applicant’s contention, we agree with the opinion and recommendation of PDBR SRP and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no basis to grant the request.  

4.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice with regard to the applicant’s PEB coding of 9411 (PTSD).  In this respect, we note the PDBR SRP has determined the PEB coding in her post-TDRL adjudication was likely an error since her diagnosis for anxiety disorder NOS condition remained the same.  Therefore, we agree with this change and recommend the applicant’s records be corrected as indicated below.  


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that Air Force Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 27 December 2011, Block 9, Findings Concerning Individual Conditions Described in the Records, Column E, reflect 9413 rather than 9411.  

The following members of the Board considered AFBCMR Docket Number BC-2014-01247 in Executive Session on 27 May 2015 under the provisions of AFI 36-2603:

	Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01247 was considered:

	Exhibit A.  DD Form 149, dated 16 April 2013.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, PDBR SRP, dated 17 March 2014.
	Exhibit D.  Letter, SAF/MRBR, dated 26 March 2014.
	Exhibit E.  Letter, SAF/MRBR, dated 27 March 2015, w/atch.