RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02331 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her military discharge be changed to a medical disability retirement due to her diagnosis of Post Traumatic Stress Disorder (PTSD). _________________________________________________________________ APPLICANT CONTENDS THAT: Her disabling condition of Specific Phobic Response to Firing Weapons be recognized as PTSD and she receive a military disability retirement. In support of her appeal, the applicant submits copies of her Department of Veteran Affairs (DVA) Rating Decision, dated 19 July 2006; her Informal Physical Evaluation Board (IPEB) findings and recommendations; the Under Secretary of Defense memorandum, dated 17 July 2009; her DD Form 214, Certificate of Release or Discharge from Active Duty; and several pages of medical documentation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 20 May 2003 to 1 June 2005. In September 2003, the applicant experienced a traumatic event that rendered her unable to continue to perform the full duties of her office, grade, rank, and rating. Specifically, the record shows that while in the process of either firing her weapon (an M-24 machine gun) or clearing the chamber, there was a detonation of misfire of a 7.62 mm machine gun round causing multiple fragments to strike her face. Thereafter, she experienced difficulties either firing weapons or experienced anxiety anytime she was around weapons. She was subsequently placed on a “S4T” profile rendering her non-worldwide qualified and was temporarily decertified in the Personnel Reliability Program (PRP). On 9 March 2005 a Medical Evaluation Board (MEB) diagnosed the applicant with “Phobic Response to Firing Weapons” and referred her records to an IPEB. On 13 April 2005, the IPEB found the applicant unfit for further military service and recommended she be separated with severance pay with a ten percent disability rating as a result of their diagnosis of “Specific Phobic Response to Firing Weapons, Mild Social and Industrial Impairment.” The IPEB determined the applicant’s medical condition was the result of an Instrumentality of War and combat- related. On 19 April 2005, the applicant agreed with the IPEB findings and recommendation. The Secretary of the Air Force approved the IPEB’s findings and recommendations and directed the applicant be separated from active service for physical disability under the provisions of Title 10, United States Code (USC), Section 1203, with severance pay computed under Section 1212. On 1 June 2005, the applicant was honorably discharged for disability with severance pay. She served 2 years and 12 days on active duty. On 19 July 2006, following her appeal to the DVA, the applicant was diagnosed with Simple Phobia, Situational Type, Weapons Use/Firing, which was found to be ten percent disabling. A DVA Rating Decision, dated 8 September 2010, reevaluated the applicant as having PTSD with simple phobia and depressive disorder (previously rated as simple phobia, situational type, weapons use/firing) rated at 30 percent disabling. The remaining relevant facts pertaining to this application are contained in the letter prepared by the BCMR Medical Consultant at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends partial approval. The BCMR Medical Consultant states that had the applicant been diagnosed with PTSD, instead of Specific Phobia, at the time of release from military service, then specific guidance within the rating schedule in the DVA would have been applicable in her case, which reads: “When a stressful event is severe enough to bring about the veteran’s release from active military service, a disability rating of no less than 50 percent will be assigned, followed by the scheduling of an evaluation within the six month period following the veteran’s discharge to determine whether a change in the evaluation is warranted.” It is the BCMR Medical Consultant’s opinion that the applicant has earned the right to an initial placement on the Temporary Disability Retired List (TDRL) with a disability rating of 50 percent effective the date of her established date of separation, for a period of at least six months following which her rating determination would be based on the evidence. The DVA evaluation and rating decision of 19 July 2006, could be used as a reasonable point for designation as applicable evidence for use in a possible final TDRL disposition; unless it could be shown that her condition had worsened or was unstable (which it had not until four years later). Thus the evidence did not support retaining the applicant in TDRL status beyond the 19 July 2006 rating decision point, as her disability rating by the DVA remained below the minimum 30 percent threshold for retirement eligibility; qualifying for removal from the TDRL and discharge with severance pay. Therefore, it is the BCMR Medical Consultant’s opinion that the applicant’s record should be corrected to show she was found to be unfit for military service due to PTSD with secondary specific phobia, under provisions of Air Force Instruction 36-3212, that she was placed on the TDRL effective 1 June 2005, under provisions of Title 10, USC, Section 1202, and remained so until removed from the TDRL and discharged with severance pay with a disability rating of ten percent disability rating, effective 19 July 2006. A complete copy of the BCMR Medical Consultant’s evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE AND BCMR MEDCIAL EVALUATIONS: She and her husband do not agree with the BCMR Medical Consultant’s advisory opinion. Her phobia of guns has a negative effect on simple aspects of life. Since her discharge, she has had mental issues, flashbacks, nightmares, and night sweats. She has to avoid anything involving loud noises and can’t even walk by gun stores. She asks the Board to reconsider the recommendation presented and take into account the evidence she has provided to show that her condition of PTSD has impacted her life from the moment her gun malfunctioned and the bullet exploded. This traumatic event has changed her life forever. The applicant’s complete rebuttal, with attachment, is at Exhibit E. _________________________________________________________________ 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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice to warrant partial relief. In that regard, we agree with the recommendation of the BCMR Medical Consultant and adopt the rationale expressed as thebasis for our decision. We took note of the applicant’s disagreement with the Medical Consultant’s recommendation; however, after a thorough review of the evidence presented, we did not find the evidence and arguments put forth by the applicant sufficient to overcome the medical evidence of record and the analysis by the BCMR Medical Consultant. Therefore, in our view, the appropriate and fitting relief is to place the applicant on the Temporary Disability Retired List (TDRL) with a 50 percent disability rating for six months effective the date of her separation and award a final disability rating of 10 percent upon removal from the TDRL. Therefore, we recommend her records be corrected as 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 on 1 June 2005, she was found unfit to perform the duties of her office, rank, grade, or rating by reason of physical disability, incurred while she was entitled to receive basic pay; the diagnosis in her case was Post Traumatic Stress Disorder with secondary specific phobia, under the provisions of Air Force Instruction 36-3212; that she was placed on the Temporary Disability Retired List (TDRL) effective 1 June 2005 under the provisions of Title 10, United States Code, Section 1202; and remained so until she was removed from the TDRL and discharged with severance pay with a ten percent disability rating, effective 19 July 2006. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02331 in Executive Session on 6 March 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC-2011- 02331 was considered: Exhibit A. DD Form 149, dated 8 Jun 11, with atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, BCMR Medical Cnslt, dated 21 Oct 11. Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11. Exhibit E. Letter, Applicant, not dated, w/atch.