RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01238
		INDEX CODE:  108.02
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His discharge for disability reasons be changed to reflect that he was medically retired; or in the alternative, he be returned to active duty.

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APPLICANT CONTENDS THAT:

At the time he accepted discharge with severance pay he was not mentally capable of making the decision.  He had just lost his father and was in the process of trying to relocate.  This combined with the Air Force decision not to offer him retirement after over 18 years of service was a blow that he could not mentally cope with.  After being on the Temporary Disability Retired List (TDRL) for one year and four months, he was reevaluated.  During this period he was functioning on a variety of medications.  He was being seen at the Department of Veterans Affairs (DVA) and was struggling with the serious illness of his father along with depression and agoraphobia.  During that time the DVA had given him an additional diagnosis of Bipolar Disorder.  Even though he was able to work, each day was a mental struggle.  Since his discharge, his medical conditions have worsened and there has been additional medical problems.  It has been approximately 2 years since his discharge and he continues to struggle with his medical afflictions.  

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 4 May 81.  He was progressively promoted to the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 Dec 96.  An MEB was convened on 16 Feb 99 and referred his case to an Informal Physical Evaluation Board (IPEB) with a diagnosis of depression.  On 5 May 99, the IPEB found him unfit for further military service based on a diagnosis of major depressive disorder and alcohol dependence.  The IPEB recommended that he be placed on the Temporary Disability Retired List (TDRL) with a combined compensable rating of 30 percent.  The applicant agreed with the findings and recommended disposition of the IPEB.  He was placed on the TDRL on 27 Aug 99.  On 19 Dec 00, a medical re-evaluation was performed and it was determined that the applicant's condition had improved since his last evaluation.  On 5 Feb 01, the Air Force PEB recommended that the applicant be discharged from the Air Force with severance pay with a combined disability rating of 10 percent.  The applicant concurred with the recommended findings.  On 29 Mar 01, he was removed from the TDRL and discharged with severance pay.  He served 18 years, 3 months, and 24 days on active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial. The Medical Consultant states that the applicant developed symptoms of depression and anxiety in the setting of a new high stress job and geographic separation from his family.  Immediately upon placement on the TDRL and reunion with his family he acquired full time employment at which he excelled resulting in three promotions.  The DVA granted him a 10 percent rating for depression.  At the time of his TDRL re-evaluation his condition was determined to be stable and producing mild impairment of social and industrial adaptability.  The change in diagnosis to Bipolar Disorder does not change the disability rating since disability ratings for mental disorders are based on overall impairment of social and industrial adaptability.  The DVA granted him disability compensation for back pain.  This condition was not unfitting for continued military service at the time of his placement on the TDRL.  Action and disposition on his case are proper and equitable reflecting compliance with Air Force standards.  The Medical Consultant evaluation is at Exhibit C.

AFPC/DPD recommends denial.  DPPD states that veterans who acquire service-connected medical conditions are authorized treatment by the DVA once they are released from active duty.  The DVA may increase or decrease a veteran's service connected disability rating based on the seriousness of the conditions throughout his or her life span.  The applicant was treated fairly throughout the disability evaluation system process and was properly rated under Federal disability guidelines.  There were no injustices or inaccuracies during the PEB process, which would warrant reversing his current disability discharge for retirement under the provisions of AFI 36-3212.  Returning an unfit member to active duty for the purpose of making him eligible for service retirement would be contrary to the current MEB/PEB charter.  Based on the final decision of the Office of the Secretary of the Air Force, DPPD found no reason why the Secretarial decision should be overturned.  

The DPPD evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 19 Sep 03 for review and comment within 30 days.  As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice that would warrant corrective action.  On 27 August 1999, the applicant was placed on the TDRL with a compensable disability rating of 30 percent.  After the TDRL reevaluation, it was determined that his condition had improved but that he was still unfit for continued service.  He was subsequently discharged with disability severance pay at 10 percent.  After a thorough review of the evidence of record, we believe that the applicant has established that reasonable doubt exists as to whether or not the decision to place him on the TDRL was the appropriate decision.  It is our opinion that because of the severity of his condition at the time of his IPEB evaluation, it appears that it would have been more appropriate to have placed him on the permanent disability retired list, rather than on the TDRL.  Further, it is our opinion that any doubt should be resolved in favor of the applicant.  Accordingly, we recommend that his records be corrected as indicated below.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

	a.  On 5 May 1999, he was unfit to perform the duties of his office, rank, grade or rating by reason of physical disability incurred while entitled to receive basic pay; that the diagnosis in his case was Major Depressive Disorder, recurrent, associated with Panic Disorder with agoraphobia and Generalized Anxiety Disorder, definite social and industrial adaptability impairment; VASRD Code 9434, with a disability rating of 30 percent; that the disability is permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; that the disability was not received in line of duty as a direct result of armed conflict.

	b.  On 27 August 1999, his name was placed on the Permanent Disability Retired List rather than the Temporary Disability Retired List

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The following members of the Board considered Docket Number BC-2003-01238 in Executive Session on 29 Oct 03, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 15 Jul 03.
    Exhibit D.  Letter, AFPC/DPPD, dated 12 Sep 03.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Sep 03.

					

AFBCMR BC-2003-01238

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

		a.  On 5 May 1999, he was unfit to perform the duties of his office, rank, grade or rating by reason of physical disability incurred while entitled to receive basic pay; that the diagnosis in his case was Major Depressive Disorder, recurrent, associated with Panic Disorder with agoraphobia and Generalized Anxiety Disorder, definite social and industrial adaptability impairment; VASRD Code 9434, with a disability rating of 30 percent; that the disability is permanent; that the disability was not due to intentional misconduct or willful neglect; that the disability was not incurred during a period of unauthorized absence; that the disability was not received in line of duty as a direct result of armed conflict.

	            b.  On 27 August 1999, his name was placed on the Permanent Disability Retired List rather than the Temporary Disability Retired List