RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02162

 					COUNSEL:  NONE

   					HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

The former member’s Mental Health (MH) conditions be considered 
unfitting and compensable.  


APPLICANT CONTENDS THAT:

The former member was injured in the Line of Duty (LOD).  Multiple 
surgeries and constant pain directly affected his MH.  

He was in counseling and taking prescribed medications while on 
active duty. He was diagnosed with major depression, Post-
traumatic Stress Disorder (PTSD), anxiety and explosive anger 
disorder.  

The military failed to diagnose his bi-polar and Obsessive 
Compulsive Disorder (OCD).  He was diagnosed in 2009 after his 
retirement.  He would have received 100 percent disability if he 
had been diagnosed and treated while in service.  On 25 Feb 13, 
the former member committed suicide.

The Board should find it in the interest of justice to consider 
her untimely application as the conditions existed during the 
former member’s military service and should have been considered 
in determining his disability rating.  

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


STATEMENT OF FACTS:

On 2 Mar 93, the former member entered the Regular Air Force.

According to an AF Form 356, Findings and Recommended Disposition 
of USAF Physical Evaluation Board, dated 6 Oct 09, the Formal 
Physical Evaluation Board (FPEB) concluded the former member was 
unfit for conditions of bilateral ankle pain, right status-post 
multiple surgeries, left ankle due to degenerative changes and 
bilateral factor.  The FPEB recommended permanent medical 
retirement with a combined compensable disability rating of 
30 percent In Accordance With (IAW) the Veterans Administration 
Schedule for Rating Disabilities (VASRD) guidelines. 

According to an AF Form 1180, Action on Physical Evaluation Board 
Findings and Recommended Disposition, dated 6 Oct 09, the former 
member agreed with the findings and recommended disposition of the 
FPEB.  

Per Special Order ACD-00129 dated 21 Oct 09, the former member was 
permanently retired effective 29 Dec 09 in the grade of Technical 
Sergeant (TSgt, E-6) with a compensable percentage for physical 
disability of 30 percent.

According to a death certificate, the former member died on 25 Feb 
13.

On 30 Mar 15, SAF/MRBC provided the applicant a copy of the 
Physical Disability Board of Review (PDBR) Special Review Panel 
(SRP) evaluation endorsed by a MH professional as required by the 
Fiscal Year 15 National Defense Authorization Action (FY15 NDAA) § 
521.  


AIR FORCE EVALUATION:

The PDBR SRP recommends there be no change of the former member’s 
disability and separation determination.

His Service Treatment Records (STR) reflects a history of 
recurrent depression since approximately 1992 prior to entry into 
military service (1993).  His records also reflect recurring or 
ongoing MH treatment since 1995 for symptoms of depressed mood, 
anxiety and anger problems.  A history of PTSD due to childhood 
abuse was noted in his treatment records.  

His AF Form 469, Duty Limiting Condition Report, dated 1 Apr 09, 
did not list any MH condition.  During the 22 Apr 09 family 
practice clinic appointment for the Medical Evaluation Board 
(MEB), he was noted to display a “normal bright affect” and the 
diagnosis of depression was noted as “stable” with recommendation 
to continue medication.  On 3 Jun 09, the MEB Narrative Summary 
(NARSUM) noted his history of depression as “controlled.”  The 
commander’s recommendation to the MEB/PEB refers only to physical 
limitations and does not mention a MH condition.  The AF Form 618, 
Medical Board Report, did not list any MH diagnosis and did not 
forward an MH diagnosis requesting an FPEB.  The former member 
requested only that his ankle condition be re-evaluated by the 
FPEB and did not contend an MH diagnosis.  The supporting 
documents to his FPEB contention made no mention of an MH 
disorder.  

The SRP reviewed the records for evidence of inappropriate changes 
in diagnosis of the MH condition during processing through the 
Disability Evaluation System (DES).  The evidence of the available 
records showed that no changes in diagnosis were made at any time.  
Although a history of depression was noted on the MEB NARSUM, it 
was not referred into the DES.  

The Panel determined that since no MH diagnoses were referred for 
disability evaluation, the former member therefore did not meet 
the inclusion criteria in the Terms of Reference of the MH Review 
Project.  The diagnosis of depression was not implicated in the 
commander’s statement profile when he was being processed in the 
DES.  He was not judged by his providers or the MEB to fail 
retention standards due to depression or any other MH disorder.  
All panel members agreed that the evidence of the record reflected 
no impairment of duty performance due to depression, or other MH 
condition, throughout his military career to include the final two 
years prior to the disability retirement.  Therefore, the SRP 
concluded that the depression condition was not unfitting at the 
time of separation, and thus not subject to a disability rating.   

A complete copy of the PDBR/SRP 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 6 Jun 14 for review and comment within 30 days (Exhibit D).  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 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 Physical Disability Board of Review (PDBR) Special Review 
Panel (SRP) and adopt the rationale expressed as the basis for our 
conclusion that the applicant has failed to sustain her burden of 
proof of an error or injustice.  In view of the above and in the 
absence of evidence to the contrary, we find no basis to favorably 
consider the applicant’s request.




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 members of the Board considered AFBCMR Docket Number 
BC-2014-02162 in Executive Session on 13 May 15 under the 
provisions of AFI 36-2603:

	 

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 6 May 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, PDBR/SRP, dated 23 May 14.
  	Exhibit D.  Letter, SAF/MRBR, dated 6 Jun 14.
        Exhibit E.  Letter, AFBCMR, dated 30 Mar 15, w/atch.