RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05225 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her diagnosis of bipolar disorder and Post-Traumatic Stress Disorder (PTSD) be added to the list of “unfit” conditions that led to her retirement from the Air Force. ________________________________________________________________ APPLICANT CONTENDS THAT: Her bipolar disorder and PTSD was service aggravated and she is taking medications that were not finalized until after her retirement. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 11 Aug 95, the applicant commenced her enlistment in the Regular Air Force in the grade of Second Lieutenant (2Lt). On 28 Sep 04, a Medical Evaluation Board (MEB) diagnosed the applicant with major depression that was found In the Line of Duty (ILOD) and recommended she be returned to duty and reassigned as a logistics officer. On 6 Oct 04, the applicant was referred to an Informal Physical Evaluation Board (IPEB) for major depression associated with general medical manifestation. The IPEB found the applicant fit and recommended she be returned to duty for further care and observation, with reevaluation in one year. On 20 Jul 06, a MEB diagnosed the applicant with major depression and PTSD. These conditions were found in the Line of Duty (LOD) and it was recommended that she continue pharmacotherapy and psychotherapy on a weekly to biweekly basis. On 23 Aug 06, the applicant was referred to an IPEB for chronic back pain with degenerative disc disease and major depressive disorder. The IPEB found the applicant’s condition unfitting and recommended a temporary retirement with a 60 percent compensable disability rating. The applicant agreed with the findings and waived her rights to a formal hearing. On 28 Aug 06, the Secretary of the Air Force directed the applicant be placed on the Temporary Disability Retired List (TDRL) under the provisions of 10 USC 1202. On 1 Jun 07, the Department of Veterans Affairs (DVA) evaluated the applicant’s diagnosis of bipolar disorder, PTSD, degenerative disc disease/degenerative joint disease, left Achilles tendon injury, and chronic vertigo and granted her a 80 percent combined disability rating. The DoD and DVA disability evaluation systems operate under separate laws. Title 10 USC states that Physical Evaluation Boards (PEB) determine if a member’s condition renders them unfit for continued military service. A diagnosed medical condition does not necessarily mean that the condition is unfitting for continued military service. To be unfitting, the condition alone must preclude the member from fulfilling their military duties. The USAF disability boards must rate disabilities based on the member’s condition at the time of evaluation. The DVA picks up where the AF must, by law, leave off. Under Title 38 USC, the DVA determines and reevaluate service-connected conditions. Often times, the results are different ratings by the two agencies. On 17 Oct 08, an IPEB conducted a full review of the applicant’s case and recommended she remain on the TDRL with a combined 70 percent compensable disability rating. On 17 Mar 10, during the applicant’s second TDRL reevaluation, the IPEB recommended she be removed from TDRL and permanently retired with a combined disability rating of 60 percent. The bipolar disorder was rated at 30 percent and the degenerative disc disease lumbar spine at 20 percent. On 30 Mar 10, the applicant concurred with the recommended findings. On 9 Apr 10, the applicant was removed from the TDRL and permanently retired for physical disability, effective 29 Apr 10. She was credited with 11 years, 5 months, and 3 days of total active service. ________________________________________________________________ AIR FORCE EVALUATION: PDBR/MHSRP recommends denial, indicating the preponderance of evidence does not support a change of the applicant’s disability and separation determination. After a careful review of the applicant’s treatment record, the Special Review Panel (SRP) concluded that only the diagnosis of major depressive disorder at the time the applicant was placed on TDRL was consistent with the clinic evaluations and management. The SRP also concluded that the evidence did not support PTSD as an initial unfitting condition at the time of initial placement on TDRL. The IPEB adjudicated the PTSD as not in the line of duty without a rating deduction for the unfitting mental health condition. The SRP also noted that a new condition that develops during the period of TDRL is not eligible for consideration in the Disability Evaluation System (DES). Additionally, the SRP reviewed the change in diagnosis from major depressive disorder to bipolar disorder and agreed that the diagnosis change was appropriate. The preponderance of the evidence favored the diagnosis of bipolar disorder at the time of the initial TDRL evaluation. However, at the exit of the TDRL, the SRP agreed the evidence did not exceed the 50 percent rating adjudicated by the IPEB and concluded that there was insufficient cause to recommend a change in the PEB adjudication of the applicant’s mental health conditions. A copy of the MHSRP 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 8 Nov 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of 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 the Physical Disability Review Board (PDBR) Mental Health Special Review Panel (SRP) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2013-05225 in Executive Session on 18 Sep 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Apr 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, PDBR/MHSRP, dated 20 Sep 13. Exhibit D. Letter, SAF/MRBR, dated 8 Nov 13.