RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03868 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Mental Health (MH) diagnosis be reviewed. APPLICANT CONTENDS THAT: Due to his diagnosis of Post-Traumatic Stress Disorder (PTSD), his disability retirement rating should be increased. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: On 2 Dec 93, the applicant initially entered the Regular Air Force for a period of four years. The applicant was progressively promoted to the grade of Technical Sergeant (TSgt/E-5) with an effective and Date of Rank (DOR) of 1 May 05. On 15 Feb 07, the applicant was released from active duty and transferred to the Maine Air National Guard (ME ANG). He was credited with 13 years, 2 months, and 14 days of active duty service. On 16 Feb 07, the applicant enlisted in the ME ANG for a period of two years in the grade of Staff Sergeant (SSgt/E-5). On 24 Mar 10, a Medical Evaluation Board (MEB) diagnosed the applicant with Post-Traumatic Stress Disorder (PTSD). The applicant was referred to the Informal PEB (IPEB). On 30 Apr 10, the IPEB diagnosed the applicant with PTSD, with delayed onset, associated with Major Depressive Disorder (MDD). The IPEB recommended a compensable disability rating of 50 percent with placement on the Temporary Disability Retired List (TDRL). The applicant agreed with the findings of the IPEB. On 18 May 10, the Secretary of the Air Force Personnel Council (SAFPC) determined the applicant was physically unfit for continued military service due to physical disability and directed the applicant be placed on the TDRL. On 25 Aug 10, the applicant was placed on the TDRL with a compensable disability rating of 50 percent in the grade of SSgt. He was credited with 13 years, 5 months, and 21 days of active service for retirement. On 23 May 11, a TDRL re-evaluation determined the applicant should be removed from the TDRL and permanently disability retired with a compensable disability rating of 50 percent. On 20 Jun 11, the applicant agreed with the findings of the PEB. On 29 Jun 11, SAFPC determined the applicant was physically unfit for continued military service due to physical disability and directed the applicant be removed from the TDRL and permanently disability retired with a 50 percent disability rating. On 19 Jul 11, the applicant was removed from the TDRL and permanently disability retired with a compensable disability rating of 50 percent. AIR FORCE EVALUATION: Physical Disability Board of Review (PDBR) Special Review Panel (SRP), recommends the applicant’s prior temporary and permanent separation determinations be modified to reflect placement on the TDRL with a disability rating of 70 percent rather than 50 percent for his MH condition; and upon final disposition, the final diagnosis of PTSD associated with MDD, VASRD code 9434-9411, with a disability rating of 70 percent rather than 50 percent. The SRP considered the appropriateness of changes in the MH diagnoses and, as the condition already had been determined to be unfitting, whether the provisions of VASRD §4.129 were applicable, and a disability rating recommendation in accordance with VASRD §4.130. The Panel considered the applicant had been diagnosed initially with MDD, but noted the diagnosis of PTSD had been added prior to the applicant’s entry into Disability Evaluation System (DES). Noting the final IPEB completely eliminated the diagnosis of PTSD, the Panel concluded this case did meet the inclusion criteria of the Terms of Reference of the MH Review Project. Pertaining to the change of diagnosis by the PEB at permanent retirement, the Panel members agreed that a preponderance of evidence does not support the PEB elimination of PTSD from the permanent diagnosis. The diagnostic criteria for PTSD had already been met and adjudicated by the first PEB; there is no evidence that any of the key diagnostic criteria were not still present at separation and, the TDRL psychiatrist reiterated the presence of PTSD in addition to MDD as an Axis I diagnosis. The Panel unanimously agreed the diagnosis at permanent retirement, and the corresponding VASRD rating code, should not differ from those at TDRL entry; that is “PTSD, delayed onset, associated with MDD,” VASRD code 9434-9411. The Panel finally considered if the PEB’s permanent 50 percent rating for the MH condition (noting the change in recommended diagnosis from above) was fairly assigned IAW §4.130. The TDRL examiner documented persistently severe symptoms with significant functional compromise (remained unemployed, need for psychiatric admission, significant weight loss, etc.) and, opined the MH condition had worsened and resulted in considerable impairment. As with the TDRL rating recommendation, members agreed the functional impairment in evidence at permanent retirement is fairly portrayed by the 70 percent rating description; but, unanimously concluded the severity was not sufficiently consistent with the features elaborated for total impairment meriting a 100 percent rating. The Panel therefore recommends, with deference to reasonable doubt, a permanent disability retirement rating of 70 percent for the PTSD/MDD condition. The complete SRP 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 22 Sep 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ADDITIONAL AIR FORCE EVALUATION: On 10 Mar 15, a clinical psychiatrist, within the PDBR, agreed with the opinion and the recommendation of the SRP (Exhibit E). APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 Mar 15 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). ADDITIONAL AIR FORCE EVALUATION: The Secretary of the Air Force Personnel Council, after reviewing the applicant's records, determined that prior to him being placed on TDRL; a request for a “highest grade held determination” should have been submitted to SAFPC. Additionally, documentation supports that member would have been granted TSgt (E6) as the highest grade held satisfactorily. 10 USC 1372(2) states" .... any member of an armed force whose name is placed on the temporary disability retired list under Section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following: ...... "The highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired." The applicant's DD Form 214 documents that on 15 Feb 07, he was granted an Honorable discharge as a TSgt (E6) with an effective DOR of 1 Mar 01. Finally, there is no documentation to suggest the applicant was demoted for misconduct. The complete SAFPC evaluation is at Exhibit G. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 5 Jun 15 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit H). 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. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinions and recommendations of the Physical Disability Board of Review and the Secretary of the Air Force Personnel Council and adopt their rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: a. On 18 May 10, he was found unfit to perform the duties of his office, rank, grade, or rating by reason of physical disability, incurred while he was entitled to receive basic pay; the diagnosis in his case was Post-Traumatic Stress Disorder (PTSD), with delayed onset, associated with Major Depressive Disorder (MDD), under hyphenated VASRD code 9434-9411; with a disability rating of 70 percent; the degree of impairment was temporary; the disability was not due to intentional misconduct or willful neglect; the disability was not incurred during a period of unauthorized absence; and the disability was not received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and was not combat-related. b. On 25 Aug 10, his name was placed on the Temporary Disability Retired List (TDRL) per AFI 36-3212; in the grade of technical sergeant in accordance with Title 10 USC 1372(2). c. On 19 Jul 11, his name was removed from the TDRL and he was permanently retired with a compensable percentage for physical disability of 70 percent rather than 50 percent. The following members of the Board considered AFBCMR Docket Number BC-2014-03868 in Executive Session on 2 Jul 15 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 8 Jul 13, w/atch. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, PDBR, dated 1 Sep 14. Exhibit D. Letter, SAF/MRBR, dated 22 Sep 14. Exhibit E. Letter, PDBR, dated 10 Mar 15. Exhibit F. Letter, AFBCMR, date 30 Mar 15. Exhibit G. Letter, SAFPC, dated 4 Jun 15. Exhibit H. Letter, SAF/MRBR, dated 5 Jun 15.