ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04478 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His medical discharge with severance pay of 10 percent be changed to a permanent disability retirement with a 50 percent disability rating for Post-Traumatic Stress Disorder (PTSD). ______________________________________________________________ STATEMENT OF FACTS: The applicant is a former enlisted member of the Air Force Reserve. On 9 June 2009, a Medical Evaluation Board referred him to an Informal Physical Evaluation Board (IPEB) based on his diagnosis of PTSD. The IPEB reviewed his case on 28 July 2009 and recommended placement on the Temporary Disability Retired List (TDRL) with a disability rating of 50 percent and, a reevaluation in six months. The applicant concurred with the findings and recommendation of the IPEB and, on 28 November 2009, his name was placed on the TDRL. On 19 July 2010, he was reevaluated by an IPEB, who recommended the applicant be removed from the TDRL and discharged with severance pay with a disability rating of 10 percent, since his condition had improved and stabilized. The applicant non- concurred with the findings and recommendation of IPEB and requested a formal hearing with counsel before a Formal Physical Evaluation Board (FPEB). On 16 September 2010, the applicant requested to waive his request for a formal hearing and accepted the findings of the IPEB. The applicant had at least 15 but less than 20 years of satisfactory service, and could have elected to receive the severance pay or to transfer to the Inactive Status List Reserve Section (ISLRS) for the purpose of applying for early retirement under Title 10, United States Code (USC), Section 12731b. On 24 September 2010, the applicant elected to be discharged and receive severance pay. His name was removed from the TDRL effective 14 October 2010 and he was discharged with entitlement to 10 percent disability severance pay. On 12 September 2012, the applicant submitted an appeal to the AFBCMR requesting his medical discharge with severance pay of 10 percent be changed to a permanent disability retirement with a 50 percent disability rating for Post-Traumatic Stress Disorder (PTSD). On 27 June 2013, the Board considered and deferred the case requesting an additional advisory from the BCMR Medical Consultant. The BCMR Medical Consultant’s advisory was received on 3 July 2013, and mailed to the applicant on 8 July 2013 for review and response within 30 days. On 22 July 2013, the applicant provided an electronic rebuttal to the BCMR Medical Consultant’s opinion (Exhibit I); however, due to an administrative oversight, his rebuttal was not added to the applicant’s case file. The applicant indicated he was not diagnosed with PTSD prior to his transfer from active duty to the Air Force Reserve. The Department of Veteran Affairs (DVA) identified his PTSD in July 2006 clearly showing it originated during his active duty service. When looking at the dates involved, it is evident that he is not requesting relief simply because he received a 50 percent disability rating from the DVA. What the Board needs to consider is whether the Air Force acted timely and accurately; and, at what point was he stable. In his opinion, there is no way the Air Force acted timely. He accepted the IPEB’s decision to be placed on the TDRL because it seemed to be a formality. Since his condition was stable, he believed he would be permanently retired because of his condition of PTSD. On 23 September 2013, the Board reconvened and partially granted the applicant’s request, by recommending his record be corrected to reflect: a. On 13 October 2010, his Post-Traumatic Stress Disorder, VASRD Code 9411, was rated at 30 percent, rather than 10 percent. b. On 14 October 2010, he was not discharged with severance pay, but on that date, his name was removed from the Temporary Disability Retired List and placed on the Permanent Disability Retired List. c. His election of Survivor Benefit Plan option(s) will be corrected in accordance with his expressed preferences and/or as otherwise provided for by law or the Code of Federal Regulations. For a complete account of the facts and circumstances surrounding the applicant’s separation; and, the rationale of the decision by the Board, see the Record of Proceedings (ROP) at Exhibit H with Exhibits A through G. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting the Board to change its earlier decision of granting the applicant a disability retirement rated at a 50 percent disability rating rather than a 30 percent disability rating. After thoroughly reviewing the applicant’s rebuttal to the BCMR Medical Consultant’s evaluation and the evidence of record, we find no basis to adjust his records to reflect the requested disability rating. Although, the applicant contends his condition should have been rated at 50 percent disabling, the BCMR Medical Consultant opines that his condition at that time would more than likely have resulted in a 30 percent disability rating. Therefore, our earlier decision remains unchanged that no basis exists to increase his disability rating to 50 percent. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend favorable consideration of this request. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2012-04478 in Executive Session on 10 April 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2012-04478: Exhibit H. ROP, dated 26 Nov 13, w/Exhibits A through G. Exhibit I. Letter, Applicant, not dated, w/atch.