RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01514

  					COUNSEL:  NONE

					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His military disability evaluation of his mental health (MH) 
condition be reviewed.


APPLICANT CONTENDS THAT:

The current diagnosis on record is wrong and insulting.

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


STATEMENT OF FACTS:

On 28 May 97, the applicant entered the Regular Air Force.  

On 5 Mar 09, a Staff Psychiatrist prepared a Psychiatric 
Addendum to the Medical Evaluation Board (MEB) indicating the 
applicant’s current level of functioning is not compatible with 
continued military service, he is not world-wide qualified nor 
deployable from a psychological stand point and he is unable to 
perform duties in a non-deployed setting on a regular basis.  

On 10 Mar 09, an MEB diagnosed the applicant with Left Shoulder 
Pain; Major Depressive Disorder-Recurrent, in Full Remission and 
Opioid Dependence.  The applicant was referred to the Informal 
Physical Evaluation Board (IPEB).  

On 20 Apr 09, the IPEB diagnosed the applicant with Chronic Pain 
Disorder; Major Depressive Disorder, Recurrent in full remission 
and Opioid Dependence.  The applicant was found unfit and the 
IPEB recommended discharge with severance pay with a compensable 
disability rating of 10%.

On 28 Apr 09, the applicant initialed and signed the Action on 
IPEB Findings and Recommended Disposition not agreeing with the 
findings and recommended disposition of the IPEB.
  
On 17 Jun 09, the Formal PEB (FPEB) diagnosed the applicant with 
Chronic Pain Syndrome with Myofacial Syndrome; Left Cervical 
Dystoria and Left Clavicular Pain; Major Depressive Disorder, 
Recurrent, In Full Remission and Opioid Dependence.  The FPEB 
recommended temporary retirement with a compensable disability 
rating of 30%.  

On 18 Jun 09, he initialed and signed the Action on FPEB 
Findings and Recommended Disposition agreeing with the findings 
and recommended disposition of the FPEB.

Per Special Order Number NO. ACD-01733 dated 31 Jul 09, the 
applicant was relieved from active duty effective, 28 Oct 09, 
and placed on the TDRL per Secretary of the Air Force direction 
under the provisions of 10 U.S.C. 1202, effective 29 Oct 09, in 
the grade of Technical Sergeant (TSgt/E-6) per AFI 36-3212, with 
compensable percentage for physical disability of 30 percent.  

On 3 Feb 11, the IPEB diagnosed the applicant with TOS, left 
upper extremity with a 60% compensable disability rating and 
disposition to retain on the TDRL.

On 17 Feb 11, he was notified the Secretary of the Air Force 
determined he should remain on the TDRL.

On 5 Oct 11, the applicant underwent surgery for left sided 
Thoracic Outlet Syndrome (TOS).  The doctor expected the 
applicant would be recovered one year after the surgery and 
doubted he would be able to pass an Air Force physical.  

On 17 May 12, the IPEB diagnosed him with TOS of Left Upper 
Extremity.  The applicant was found unfit and the IPEB 
recommended TDRL to permanent retirement with a compensable 
disability rating of 30%. 

On 11 Jul 12, he was notified effective 31 Jul 12 he was removed 
from the TDRL and permanently retired per AFI 36-3212, Physical 
Evaluation for Retention, Retirement and Separation, with a 
compensable percentage for physical disability of 30%.  He was 
credited with 12 years, 5 months and 1 day of active service for 
retirement.      


AIR FORCE EVALUATION:

Physical Disability Board of Review (PDBR) Special Review Panel 
(SRP) recommends the applicant’s separation be modified to 
reflect placement on the Temporary Disability Retired List 
(TDRL) with a combined disability rating of 50 percent, and then 
a permanent combined 30 percent disability retirement. 

The SRP considered the appropriateness of changes in MH 
diagnoses, PEB fitness determination; and if unfitting, whether 
the provisions of VASRD §4.129 were applicable and a disability 
rating recommendation in accordance with VASRD §4.130.  At the 
time of processing through the DES the initial unfitting 
diagnosis was chronic pain disorder (9422-pain disorder).  This 
is considered an MH diagnosis under somatoform disorders under 
§4.130.  The final DES determination did not contain any MH 
diagnoses as the diagnosis was replaced by the non-MH diagnosis 
of TOS of left upper extremity by the time of the final IPEB.  
The applicant therefore met the inclusion criteria in the Terms 
of References of the MH Review Project.  

The TDRL reevaluations noted sub-specialist evaluation with 
surgery and a new diagnosis of Thoracic Outlet Syndrome (TOS).  
The SRP adjudged that no MH condition rose to the level of being 
unfitting at the time of permanent retirement; but did not 
reevaluate the rating-level of the non-MH TOS (8513) condition 
because it is outside the scope of the SRP.  The SRP considered 
if the entry diagnosis of (pain disorder, 9422) was incorrect by 
a preponderance of the evidence.  The Panel considered that the 
initial FPEB rationale and coding was logical and reasonable 
given the evidence available at that time.  In consideration of 
the preponderance of the evidence, the SRP agrees that there was 
insufficient evidence to change the TDRL-entry unfitting 
diagnosis.  Of note, addressing the applicant’s specific DD Form 
149, Application for Correction of Military Record Under the 
Provisions of Title 10, U.S. Code, Section 1552, contention, the 
final disability retirement determination did not contain any MH 
diagnosis and the final diagnosis of record was TOS of left 
upper extremity.  

The complete PDBR 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 11 Apr 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


ADDITIONAL AIR FORCE EVALUATION:

On 3 Mar 15, a clinical psychologist, within the PDBR, agreed 
with the opinion and the recommendation of the SRP (Exhibit E).


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to 
the applicant on 27 Mar 15 for review and comment within 30 days 
(Exhibit F).  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 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 an error or injustice.  The 
applicant alleges the diagnosis on record is wrong and 
insulting.  We took notice of the applicant’s complete 
submission, including attachments, in judging the merits of the 
case; however, we do not find the evidence presented sufficient 
to override the Air Force offices of primary responsibility 
(OPR).  We found no evidence of an error or injustice in the 
applicant’s disability discharge processing.  The applicant 
separated for unfitting conditions that interfered with his 
ability to continue to serve on active duty and was rated based 
on the seriousness of his conditions at the time of separation 
in accordance with governing policy.  Therefore, we agree with 
the opinions and recommendations of the Air Force OPR and adopt 
their rationale 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 requested relief.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.



The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01514 was considered:

	Exhibit A.  DD Form 149, dated 11 May 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, PDBR, dated 30 Jan 14.
	Exhibit D.  Letter, SAF/MRBR, dated 11 Apr 14.
	Exhibit E.  Letter, PDBR Clinical Psychologist,
		    dated 3 Mar 15.
	Exhibit F.  Letter, SAF/MRBR, dated 27 Mar 15.