RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02449 INDEX CODE:	145.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He receive a permanent medical retirement rather than discharge with severance pay, effective 21 July 2005.

APPLICANT CONTENDS THAT:
He did not fully comprehend the ramifications when he concurred with the Formal Physical Evaluation Board (FPEB) findings. He realizes now that there are differences in benefits if he were medically retired instead of being discharged with severance pay. He has full custody of his children and would like to be eligible for Tri-Care benefits.

In support of his request, the applicant has provided documents associated with his disability evaluation system (DES) processing.

His complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
On 5 September 2003, he was placed on the Temporary Disability Retired List (TDRL) and honorably retired in the grade of senior airman (E-4) after serving in the Regular Air Force for 4 years,
2 months and 19 days.
On 26 July 2005, the applicant was removed from the TDRL and was discharged in the grade of senior airman by reason of physical disability, with entitlement to disability severance pay.

AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant's stated request.	The Medical Consultant states that on or about
19 June 2003, the applicant met a Medical Evaluation Board (MEB) for behavioral changes.	The MEB narrative showed that he had

suicidal gestures and was subsequently prescribed anti- depressants.

On 5 September 2003, he met an Informal Physical Evaluation Board (IPEB) which placed him on the TDRL with a 30 percent disability rating for Post-Traumatic Stress Disorder (PTSD) associated with Panic Disorder.

On 6 December 2004, he had a TDRL re-evaluation where he reported that he was no longer taking the prescribed medication due to adverse effects of taking the medicine. The IPEB recommended discharge with 10 percent severance pay; this new rating is a decreased rating from 30 percent to 10 percent.

On 3 March 2005, the applicant strongly disagreed with the findings of the PEB; although, he waived his rights for a formal hearing, he did submit a written rebuttal stating that he struggles living an ordinary life.

On 3 May 2005, the FPEB held an independent hearing to evaluate the findings of the IPEB. The FPEB agreed with the findings of the IPEB and concurred that the 10 percent disability rating with severance pay was appropriate for his medical condition. Thereafter, the Secretary of the Air Force Personnel Council (SAFPC) reviewed the FPEB's findings and concluded that the evaluating psychiatrist noted that the applicant's condition had not changed and remained at the definite level of impairment; the definite level of impairment could warrant a 30 percent disability rating.

The Medical Consultant reminds the Board that they are to determine whether there has been an injustice or error in the management of the applicant's case and if the final disability rating is the appropriate rating. The applicant did agree to the findings of the FPEB; however, his psychiatrist believed his condition had not changed since the last evaluation board in 2003, which found his medical condition as being evaluated as definite. The Medical Consultant offers that if the applicant's medical condition had not changed it could be inferred that the disability rating of 30 percent should have not changed. He noted that the applicant was warned about non-complying with the recommended therapies and that it could result in a disability rating reduction. Additionally, he also noted that if the Board restored the applicant's TDRL status it would allow further review by the government to get a more accurate assessment of the level of severity of his social and industrial functions.

The Medical Consultant's complete 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 12 September 2008 for review and comment within 30 days. As of this date, this office has received no response.

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 error or injustice warranting a measure of relief. In this regard, when the applicant was initially placed on the TDRL his condition was diagnosed with a "definite" level of impairment, which coincides with a 30% disability rating in accordance with the VASRD. Upon reevaluation it was determined by the FPEB that his condition was at the "mild" level of impairment, consistent with a 10% rating. However, as noted by the BCMR Medical Consultant, at the time of TDRL reevaluation his attending psychiatrist opined that his condition had not changed since he was initially placed on the TDRL and remained at a "definite" level of impairment. The disparity between the determination of the attending psychiatrist and the FPEB appears to be based upon the fact that the applicant deviated from the prescribed course of treatment, choosing to follow an alternative form of therapy. Based on this, we are unable to ascertain whether or not the severity of the applicant's condition was properly adjudicated during his reevaluation. It is our opinion that because of the differing medical opinions, the applicant should have remained on the TDRL for further observation and evaluation. Restoring the applicant's TDRL status would enable the Air Force to more accurately reevaluate the level of impairment. Therefore, we recommend his records be corrected to the extent indicated below.

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

a.	He was not removed from the Temporary Disability Retirement List (TDRL) and discharged with severance pay on 26 July, 2005, but he was continued on the TDRL.

b.	A TDRL reevaluation be performed and the results of the re- evaluation be forwarded to the Air Force Board for Correction of
a.	
Military Records at the earliest practicable date so that all necessary and appropriate actions may be completed.

The following members of the Board considered AFBCMR Docket Number BC-2008-02449 in Executive Session on 23 October 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member 
Member

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

Exhibit A.	DD Form 149, dated 25 June 2008, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, BCMR Medical Consultant, dated
8 September 2008.
Exhibit D.	Letter, SAF/MRBR, dated 12 September 2008.