RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02370 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. His medical conditions (Post-Traumatic Stress Disorder [PTSD], lower back pain, bilateral peripheral neuropathy, possible arthritis, vertigo, skin rash, and Gulf War Syndrome) be evaluated through the Integrated Disability Evaluation System (IDES). 2. His PTSD be found in the line of duty (ILOD). APPLICANT CONTENDS THAT: He did not receive a comprehensive medical assessment due to his short notice retirement. His medical conditions should have been evaluated through the IDES. However, he was never assessed or asked if he had any conditions that would warrant a Medical Evaluation Board (MEB). The medical group presumed he was fit without reviewing his complete medical records and refused to evaluate or treat any of the medical conditions shown on his DD Form 2697, Report of Medical Assessment. Additionally, medical personnel incorrectly told him that there was no financial difference whether his medical concerns were addressed through IDES or the Department of Veterans Affairs. The Medical Group Commander noted his medical condition of PTSD in his records after a post-deployment interview. However, the LOD documentation for PTSD was removed. In support of his requests, the applicant provides copies of his DD Form 2697, SF Forms 600, Chronological Record of Medical Care; memoranda and various other documents related to his appeal. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: His DD Form 2796, dated 30 July 2011, indicates the applicant was deployed to Iraq between 2 February 2011 and 10 August 2011. In a memorandum dated 21 December 2011, ARPC/DPTTS notified the applicant that his MSD would expire on 2 June 2012. However, since he completed 18 years of satisfactory service, he qualified for retention beyond his MSD and could remain on active status until he completes 20 years of satisfactory service, or 2 June 2015, whichever is sooner. In a memorandum dated 21 August 2013, ARPC/DPTTS notified the applicant that he would complete satisfactory service on 21 January 2014. Therefore, on that date, he would automatically be transferred to the Retired Reserve. According to NGB 22, Report of Separation and Record of Service, the applicant served in the Air National Guard from 21 January 2003 through 20 January 2014, and was credited with 30 years, 3 months and 6 days total service for pay. Reserve Order EK-0786 dated 3 December 2013, relieved the applicant from his current assignment and assigned him to the Retired Reserve List effective 21 January 2014. The applicant was eligible for retired pay under the provisions of Title 10, United States Code, section 12731, Age and service requirements, except for attainment of age 60. AIR FORCE EVALUATION: NGB/SGPA recommends that the applicant’s PTSD be found ILOD. The applicant’s DD Form 2697 dated 20 June 2011, shows several symptoms that should have warranted an LOD determination for a claim of PTSD after his return from deployment in 2011, yet one was never accomplished. Further, his medical records clearly indicate that there had been ongoing mental health visits throughout the years since his deployment. He also claims that his other medical conditions (lower back pain, bilateral peripheral neuropathy, arthritis, vertigo, skin rash, and Gulf War Syndrome) were all attributed to military service. However, the evidence does not support his claim. A complete copy of the NGB/SGPA evaluation is at Exhibit C. The BCMR Clinical Mental Health Consultant concurs with NGB/SGPA’s recommendation that the applicant’s PTSD be found ILOD. Additionally, after his review of the 2015 National Defense Authorization Act, Section 521, Enhancement of participation of mental health professionals in boards for correction of military records and boards for review of discharge or dismissal of members of the Armed Forces, the BCMR Clinical Mental Health consultant found no evidence to suggest that had the applicant been granted an LOD for PTSD during his service, that the finding would have resulted in an MEB or career termination. A complete copy of the BCMR Clinical Mental Health Consultant’s advisory is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 18 September 2015, copies of the Air Force and BCMR Clinical Mental Health evaluations were forwarded to the applicant for review and comment within 30 days (Exhibit E). 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and do not find that it supports a determination that the applicant had medical conditions that should have been processed through the IDES. Therefore, we agree with the opinion and recommendation of NGB/SGPA and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof of either an error or an injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting this portion of his application. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant correcting his record to show that his medical condition of PTSD was found ILOD. Having carefully reviewed this application, we agree with the recommendations of NGB/SGPA and the BCMR Clinical Mental Health Consultant and adopt the rationale expressed as the basis for our conclusion the applicant has been the victim of an error or injustice. Accordingly, we recommend his records be corrected to the extent indicated below. 5. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 30 June 2011, competent authority determined that his Post- Traumatic Stress Disorder (PTSD) was incurred in the line of duty. The following members of the Board considered this application in Executive Session on 28 October 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02370 was considered: Exhibit A. DD Form 149, dated 5 June 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/SGPA, dated 15 September 2014. Exhibit D. BCMR Clinical Mental Health Consultant, dated 17 September 2015. Exhibit E. Letter, SAF/MRBR, dated 18 September 2015.