RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03343

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His retirement orders and medical records be corrected to reflect his Post Traumatic Stress Disorder (PTSD) was incurred in combat and time of war.  

APPLICANT CONTENDS THAT:

His medical disability (PTSD) was a direct result of combat and a combat related injury.  His Nov 08 Physical Evaluation Board (PEB) stated his injuries were combat related.  On 28 Nov 12 an AFBCMR Board finding corrected his military records to show that on 31 Jan 09, he was permanently disability retired with compensable percentage for physical disability of 70 percent for PTSD.   However, as a result of the 28 Nov 12 finding, his new retirement orders issued Feb 13 states “NO” for combat related injury and incurred in the line of duty of war.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 19 Sep 01.

On 24 Nov 08, according to documents submitted by the applicant, a PEB found him unfit for duty because of a physical disability, recommending discharge with severance pay.  They determined the disability was not the direct result of a combat related injury, and was rated 10 percent for compensation purposes.  

On 30 Jan 09, the applicant was furnished an honorable discharge, and was credited with seven years, four months, and twelve days of active service.

On 28 Nov 12, according to documents submitted by the applicant, he was advised an AFBCMR Board finding corrected his military records to show that on 31 Jan 09, he was permanently disability retired with compensable percentage for physical disability of 70 percent for PTSD.  

According to Special Order NO. ACD-01329, on 19 Feb 13, the applicant was discharged on 30 Jan 09, and effective 31 Jan 09, permanently disability retired with a compensable percentage for physical disability of 70 percent.    

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force office of primary responsibility (OPR) and the AFBCMR Psychiatric Advisory, which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

AFPC/DPFDD recommends denial indicating there is no evidence of an error or an injustice.  The fact that the applicant incurred/sustained this disability performing normal duties in a combat zone is not sufficient to support a combat-related determination without a direct relationship between the disability and a combat-related factor.  During a review of the documents provided they found no evidence to show that the applicant’s PTSD was a result of a direct combat related factor/event.  Since the medical condition is not deemed combat related, his retirement order SO ACD-01329, dated 19 Feb 13 is correctly marked.  

A complete copy of the AFPC/DPFDD evaluation is at Exhibit C.

AFBCMR Psychiatric Advisor recommends denial indicating there is no evidence of an error or an injustice.  After reviewing the evidence presented by the Psychiatrist and the DVA at the time of discharge, the Psychiatric Advisor concurs with the evaluating psychiatrist, that the Diagnosis of Anxiety Disorder NOS was correct.  There are two critical issues with this case: the applicant’s displeasure with the diagnosis, the other is a misunderstanding of the differences in factors which contribute how the Department of Defense (DoD) and Department of Veterans’ Affairs (DVA) determine disability in relation to the diagnosis.  

On 24 Nov 08, a Physical Evaluation Board (PEB) gave him a Category I for Unfitting conditions Anxiety Disorder “Not Otherwise Specified” (NOS) for which he received a 10 percent disability rating.  They found Personality Disorder NOS to be not classified as unfitting but was “unsuiting.”  They determined the injury was in line of duty (ILOD), however, the injury was not a direct result of armed conflict and was not caused by an instrumentality of war and it was not the result of a combat injury.  He was given a 10 percent rating for compensation purposes.  Under Title 10 United States Code (USC), the Physical Evaluation Board (PEB) must determine if a member‘s condition renders them unfit for continued military service.   For a condition to be unfit, it must be something that, “it and of itself prevents the member from fulfilling their military duties.”  If the Board finds them unfit, then the compensation is calculated by the Veteran Affairs Schedule for Ratings Disabilities (VASRD).  This determination is done as a snapshot.  All the information up to that point and the most current psychiatric evaluation provide the information to the PEB.   Once the applicant leaves the military there are no further changes made to the rating, unless there was some impropriety, inequity, or error.  This is in contrast to the DVA, under Title 38 Code of Federal Regulations, where there is first a determination of service connection for the disability.  A service connection is any disability caused by an injury or illness incurred or aggravated during active military service.  The determination of severity can be adjusted during the lifetime of the veteran.  

The Nov 08 medical evaluation accomplished on the applicant resulted in a diagnosis of Anxiety Disorder NOS and a Personality Disorder NOS.  The most disruptive aspect of his condition was the Personality Disorder, which was not ratable because it was classified as unsuiting.  To clarify, only ratable conditions are calculated for compensation and these are classified as unfitting.  Personality Disorders are enduring and inflexible patterns of maladaptive behavior of long duration that lead to significant distress or impairment and are not due to use of substances or another condition.  This means that personality disorders develop over the early life of an individual and therefore are not affected by service in the military, but will interfere with the member’s ability to adjust to the military.  In the applicant’s case the only ratable condition was Anxiety Disorder which did not meet the level of Post-Traumatic Stress Disorder.  

A complete copy of the AFBCMR Psychiatric Advisory evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 28 Sep 16, 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; however, we agree with the opinion and recommendation of AFPC/DPFDD and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2015-03343 in Executive Session on 15 Nov 16, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03343 was considered:

	Exhibit A.  DD Form 149, dated 31 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDD, dated 3 Feb 16.
	Exhibit D.  Memorandum, AFBCMR Psychiatric Advisor, dated
			  23 Sep 16.  
	Exhibit D.  Letter, SAF/MRBR, dated 28 Sep 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.