RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER: BC-2014-01431

	 XXXXXXXXXX	COUNSEL: NONE

			HEARING DESIRED: NO


APPLICANT REQUESTS THAT:

His military disability evaluation regarding his mental health 
condition be reviewed.


APPLICANT CONTENDS THAT:

The Board should find it in the interest of justice to consider 
his untimely application because the Secretary of Defense recently 
directed a comprehensive review of previously assigned Department 
of Defense (DoD) mental health diagnoses made by the Disability 
Evaluation System (DES).

In support of his request, the applicant provides copies of VA 
Form 3288, Request and Consent to Release of Information from 
Individual’s Records and AFPC/DPF memorandum dated 11 April 2013.

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


STATEMENT OF FACTS:

According to AF Form 356, Findings and Recommended Disposition of 
USAF Physical Evaluation Board (PEB), dated 23 April 2007, the 
informal PEB found the applicant unfit based on diagnoses of 
fibromyalgia pain syndrome with pain disorder associated with both 
psychological factors and a general condition.  Accordingly, the 
informal PEB recommended he be permanently retired with a combined 
disability rating of 40 percent in accordance with Department of 
Defense (DoD) guidance for applying the Veterans Administration 
Schedule for Rating Disabilities (VASRD) guidelines.

According to AF Form 1180, Action on Physical Evaluation Board 
Findings and Recommended Disposition, dated 26 April 2007, the 
applicant agreed with the findings of the informal PEB and waived 
his right to a formal PEB.

According to Special Order ACD-01155 dated 7 May 2008, the 
applicant was medically retired effective 29 June 2007, and was 
credited with 18 years and 18 days of active service.

The National Defense Authorization Act for Fiscal Year 2015, which 
became law on 19 December 2014, amended Title 10, § 1552, Boards 
For Correction Of Military Records, to ensure that any medical 
advisory opinion issued to a board established with respect to a 
member or former member of the armed forces who was diagnosed 
while serving in the armed forces as experiencing a mental health 
disorder shall include the opinion of a clinical psychologist or 
psychiatrist if the request for correction of records concerned 
relates to a mental health disorder.


AIR FORCE EVALUATION:

The Physical Disability Board of Review (PDBR) Special Review 
Panel (SRP) recommends no change in the applicant’s disability and 
medical retirement determination.  By way of background, the 
Secretary of Defense directed a comprehensive review of service 
members who were referred to a disability evaluation process 
between 11 September 2001 and 30 April 2012 and their mental 
health diagnosis was changed or eliminated during that process.  
The SRP considered the appropriateness of changes in the mental 
health diagnosis/PEB fitness determination, and if unfitting, 
whether the provisions of the VASRD were applicable and a 
disability rating recommendation was made in accordance with the 
VASRD.

The applicant was diagnosed with fibromyalgia in early 2006.  
Based on an evaluation in November 2006, he was diagnosed with 
generalized anxiety disorder and adjustment disorder with 
depressed mood.  The diagnoses of generalized anxiety disorder, 
and adjustment disorder with depressed mood were eliminated and 
changed to pain disorder associated with both psychological 
factors and a general medical condition during DES processing.  
The SRP concluded the diagnoses change were appropriate.  The 
psychology evaluation resulting in the change in diagnoses was 
detailed, well-reasoned, supported by the evidence and coordinated 
with the psychologist who rendered the initial diagnoses.  The SRP 
also considered whether the mental health conditions regardless of 
diagnostic label were separately unfitting for military service. 
The threshold for countering PEB change or eliminations requires a 
preponderance of evidence.  There was no indication from the 
record that the mental health conditions separately and 
significantly interfered with satisfactory duty performance.  The 
conditions were not profiled or implicated in the commander's 
statement, and not judged to fail retention standards by the 
military psychologist.  The SRP noted that the mental health 
symptoms were clearly associated with the chronic fibromyalgia 
condition and that the rating criteria for fibromyalgia under 
VASRD code 5025 considers the impairment from associated fatigue, 
sleep disturbance, stiffness, paresthesias, headache, irritable 
bowel symptoms, depression, and anxiety.  After due deliberation 
in consideration of the preponderance of the evidence, the SRP 
concluded that there was insufficient cause to recommend separate 
fitness adjudications for the mental health conditions.

On 7 March 2015, a psychiatrist concurred with the original PDBR 
SRP Mental Health Review digitally signed on 14 March 2014, and 
recommends no change in the applicant’s disability and medical 
retirement determination.

The complete PDBR SRP evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 April 2014 and 27 March 2015, a copy of the PDBR SRP 
evaluation was forwarded to the applicant for review and comment 
within 30 days.  As of this date, this office has received no 
response (Exhibits D and H).


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 PDBR SRP and adopt the rationale expressed as the basis for 
our conclusion 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 this application in 
Executive Session on 12 May 2015, under the provisions of AFI 36-
2603:

      , Panel Chair
      , Member
      , Member

?
The following documentary pertaining to AFBCMR Docket Number BC-
2014-01431 was considered:

      Exhibit A. DD Form 149, 20 April 2013, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, PDBR SRP, digitally signed 17 March 2014.
      Exhibit D. Letter, SAF/MRBR, dated 17 April 2014.
      Exhibit E. Letter, PDBR SRP, digitally signed 7 March 2015.
      Exhibit F. Letter, SAF/MRBC, dated 27 March 2015.