RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02965 INDEX CODE:	108.02
XXXXXXXXXXXXXXXXXXX	COUNSEL: NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His additional medical conditions of Mood Disorder/Depression Post Spinal Fusion, Major Depressive Disorder, and Post Traumatic Stress Disorder (PTSD) be considered by a Medical Evaluation Board (MEB).

APPLICANT CONTENDS THAT:
There were conditions present in his medical records that were not addressed at the time of his MEB; however these conditions were rated by the Department of Veterans Affairs (DVA) at a disability rating of 30%.

In support of his request, the applicant provides copies of a Radiologic Examination Report; electronic communications; memorandum for the Physical Evaluation Board (PEB); Chronological Record of Medical Care; DVA Rating Decision, dated 8 July 2008; and the PEB Findings and Recommendation.

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

STATEMENT OF FACTS:
On 5 November 2007, an Informal Physical Evaluation Board (IPEB) found the applicant unfit due to physical disability for low back pain status lumbar fusion and left leg pain due to radiculopathy. The IPEB found the applicant’s disability was incurred in the line of duty, was the direct result of a combat related injury, and that his condition was permanent. The IPEB recommended him for permanent retirement with a 30% compensable rating.

On 14 December 2007, the discharge authority approved the IPEB’s recommendation and directed the applicant receive a permanent disability retirement in the grade of staff sergeant per Air Force Instruction 36-3212, with a compensable percentage for physical disability of 30%.  The applicant was retired effective

25 December 2007.	He served 18 years and 6 months on active duty.

AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s request for award of an additional disability rating of 30% to his medical retirement computation. The BCMR Medical Consultant indicates that based upon the applicant’s available service records, there is no evidence he was ever considered for, or diagnosed with PTSD or Major Depressive/Mood Disorder. However, records indicate he was diagnosed with Adjustment Disorder with depressed mood. At the time of his MEB assessment, the applicant’s diagnosis of Adjustment Disorder was not ratable or compensable, and did not qualify for referral through the Military Disability Evaluation System (MDES).

The complete BCMR Medical Consultant 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 27 April 2009, for review and comment within 30 days (Exhibit D).  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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After careful consideration of the applicant's request and the available evidence of record, we are not persuaded that his compensable rating for his permanent retirement in 2007 was improper or contrary to the provisions of the governing regulations which implement the law. Specifically, we note his contention that his conditions of Mood Disorder/Depression Post Spinal Fusion, Major Depressive Disorder, and Post Traumatic Stress Disorder be considered by an MEB. As indicated by the BCMR Medical Consultant, there is no evidence in the applicant’s military medical records to show he was ever considered for or diagnosed with these conditions while on active duty; therefore, these conditions do not qualify for referral under the MDES. In view of the above and absent persuasive evidence the applicant was denied rights to which entitled, appropriate regulations were not
1.	
followed, or appropriate standards were not applied, we agree with the opinion and recommendation of the BCMR Medical Consultant and adopt his 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 compelling 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 Docket Number BC- 2008-02965 in Executive Session on 15 July 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-02965:

Exhibit A.	DD Form 149, dated 21 Jul 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, BCMR Medical Consultant, dated 24 Apr 09. Exhibit D.	Letter, SAF/MRBR, dated 27 Apr 09.