RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02236
		INDEX CODE:  108.02

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 JANUARY 2006

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APPLICANT REQUESTS THAT:

His records be changed from Permanent Disability Retirement to Temporary Disability Retirement List (TDRL) status.

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APPLICANT CONTENDS THAT:

The Informal Physical Evaluation Board (IPEB) prognosis that his medical condition would not likely change over the next several years was highly inaccurate.  Regardless of how the IPEB arrived at its prognosis and recommendation for permanent disability retirement, which occurred effective 24 October 2004, significant medical developments have taken place since that time that clearly demonstrate his medical condition has rapidly deteriorated.  Based on the exact same medical data the IPEB reviewed as well as a report from their examining psychiatrist, the Department of Veterans Affairs (DVA) rated his “major depressive disorder and cognitive disorder not otherwise specified” at 50 percent in contrast to the IPEB rating of 30 percent.

In support of his request, the applicant submits personal statements and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 30 July 1977.

A Medical Evaluation Board (MEB) was convened on 13 May 2003 and their diagnosis and findings were as follows:  Cognitive Disorder, with July 2002 as the approximate date of origin and Mood Disorder.  The MEB recommended referral to the Informal Physical Evaluation Board (IPEB).

On 4 June 2003, an Informal Physical Evaluation Board (IPEB) convened and established a diagnosis of Cognitive Disorder, not otherwise specified associated with mood disorder.  Social and industrial adaptability impairment, definite.  Other diagnosis considered but not ratable was gastroesophageal reflux disease.  The IPEB found the applicant unfit because of physical disability and recommended permanent retirement with a compensable rating of 30 percent.  On 12 June 2003, the applicant disagreed with the findings and recommended disposition of the IPEB and requested a formal hearing.  On 21 August 2003, he withdrew his 12 June 2003 disagreement with the IPEB findings and submitted a request to waive Formal PEB (FPEB).

On 27 August 2003, officials within the office of the Secretary of the Air Force determined the applicant was physically unfit for continued military service and directed permanent retirement under the provisions of 10 U.S.C. 1201.

On 23 October 2003, the applicant was relieved from active duty and permanently disability retired in the grade of colonel on 24 October 2003, with a compensable rating of 30 percent for physical disability.  He was credited with 28 years, 4 months and 12 days of service for basic pay and 26 years, 2 months and 24 days of active service for retirement.

The records of the Department of Veterans Affairs (DVA) reflect the applicant’s current combined compensable disability rating as 50 percent.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized the information contained in the applicant’s personnel and medical records and states that the applicant’s condition of cognitive impairment is permanent, but is not judged to be stable, and does not meet or exceed a disability rating of 80 percent.  His request to be placed on the TDRL rather than be permanently disability retired is felt to have sufficient merit to warrant correction of the military record.  The applicant’s request for reconsideration of his military retirement disability rating may be addressed on TDRL re-evaluation at the direction of the AFPC Disability Branch.  The BCMR Medical Consultant is of the opinion that the following changes in the records are warranted:  removal from the Permanently Disability Retired List (PDRL) and placement on the Temporary Disability Retired List (TDRL), with a disability rating of 30 percent.  Details of his evaluation are at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 22 July 2005 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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 error or injustice.  After reviewing the applicant’s submission and the evidence of record, we are persuaded that some relief is warranted.  In this respect, we are in agreement with the opinion and recommendation of the AFBCMR Medical Consultant that the evidence supports removing the applicant’s name from the Permanent Disability Retired List (PDRL) and placing him on the Temporary Disability Retired List (TDRL), with his current compensable disability rating of 30 percent.  Although the applicant would like this Board to approve a higher disability rating, we believe it should be addressed during his TDRL re-evaluation.  In view of the foregoing, we recommend the applicant’s records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that, effective 24 October 2003, his name was not placed on the Permanent Disability Retired List (PDRL), but on that date, his name was placed on the Temporary Disability Retired List (TDRL), with a compensable disability rating of 30 percent.

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The following members of the Board considered this application in Executive Session on 18 October 2005, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-02236.

   Exhibit A.  DD Form 149, dated 12 Jul 04, w/atchs, and
               Letters, w/atchs, dated 7 Oct 04 and 11 Jan 05.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 19 Jul 05.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Jul 05.

AFBCMR BC-2004-02236

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that, effective 24 October 2003, his name was not placed on the Permanent Disability Retired List (PDRL), but on that date, his name was placed on the Temporary Disability Retired List (TDRL), with a compensable disability rating of 30 percent.