RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02616

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His Air Force disability rating of 50 percent be changed to a disability rating of 70 percent.

APPLICANT CONTENDS THAT:

He received a rating from the Department of Veterans Affairs (DVA) of 70 percent and believes his rating from the Air Force should reflect the same.  He also believes he may be entitled to back pay.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant.

He was placed on the Temporary Disability Retired List (TDRL) on 28 Jun 14 with a disability rating of 50 percent with a diagnosis of Post-Traumatic Stress Disorder (PTSD).  He was scheduled for a reevaluation appointment in January 2015. Upon review of the narrative summary resulting from his reevaluation, the Informal Physical Evaluation Board (IPEB) maintained the rating for PTSD and recommended permanent retirement with an overall disability rating of 50 percent.  The applicant disagreed with the IPEB recommendation and requested a formal board hearing.  On 11 Aug 15, the Formal Physical Evaluation Board (FPEB) concurred with the rating for PTSD of 50 percent.  On 13 Aug 15, the applicant agreed with the findings and recommended disposition of the FPEB.  On 21 Sep 15, the Secretary of the Air Force Personnel Council directed the applicant’s name be removed from the TDRL, and permanently retired under the provisions of 10 USC § 1201.  He served 22 years and 24 days of service for basic pay.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DPFDC recommends denying the application.  Under the Air Force system - Title 10, United States Code (U.S.C.), Physical Evaluation Boards must determine whether an airman’s medical condition renders them unfit for duty and apply the disability rating as outlined in the Veterans Administration Schedule for Rating Disabilities (VASRD) that correlates with the service member’s medical condition at the time the case is being processed through the Disability Evaluation System (DES) (a snapshot in time).  A rating applied at the time of placement on the TDRL may significantly change upon reevaluation due to changes in the service member’s condition.  That rating determines the final disposition (discharge with severance pay, placement on the temporary disability retired list, permanent retirement) and is not subject to change after the service member has separated.  The FPEB’s decision rating of 50 percent was determined in Aug 15.  The VA rating of 70 percent was granted in Oct 15.  There is no indication an error or injustice occurred during his processing through the DES.   The complete advisory is at Exhibit C.

The AFBCMR Psychiatric Advisor recommends denying the application.  The applicant’s functioning and severity of symptoms better reflect a 50 percent rating as outlined by VASRD.  His symptoms were also not severe or impaired enough to meet the criteria of a 70 percent rating.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 27 Apr 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of the AFPC/DPFDC and the AFBCMR Psychiatric Advisor and find that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-02616 in Executive Session on 6 Jun 18:

All members voted not to correct the record.  The panel considered the following:

            Exhibit A:	Application, DD Form 149, w/atch, dated 25 Jun 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 13 Sep 16.
Exhibit D:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 9 Apr 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 27 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.