RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00094 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His diagnosis of adjustment disorder be changed to anxiety disorder and include Post Traumatic Stress Disorder (PTSD). ________________________________________________________________ APPLICANT CONTENDS THAT: He did not experience anxiety or sleep problems prior to his deployment to Iraq. The change of diagnosis was done primarily to eliminate his case from further consideration to avoid financial responsibility. He continues to suffer from anxiety. In support of his request, the applicant provides copies of his Department of Veterans Affairs (DVA) Form 21-4138, Statement in Support of Claim; AF Form 365, Findings and Recommended Disposition of USAF Physical Evaluation Board; AF Form 1180, Action on Informal Physical Evaluation Board Findings and Recommended Disposition; Narrative Summary (NARSUM), Line of Duty Determination (LOD), DVA Rating Decision, medical information and various other documents associated with his request. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: In Feb 2009, the applicant was deployed to Sather Air Base (AB), Iraq, as a member of the Pennsylvania Air National Guard (ANG). According to the NARSUM, dated 8 Feb 2009, he self-referred and was treated at the mental health clinic at Sather AB, Iraq, before requesting to be sent home. On or about 22 Apr 2009, he was returned to the Continental United States (CONUS) due to his symptoms of increased anxiety and panic attacks. An LOD, dated 19 May 2009, shows the applicant was diagnosed with an adjustment disorder with anxiety and was placed on profile rendering him not deployable. The applicant was referred for a Medical Evaluation Board (MEB). The Informal Physical Evaluation Board (IPEB) determined the applicant’s medical condition did not prevent him from reasonably performing the duties of his office, grade, rank or rating and found him fit for duty. On 21 May 2010, the Secretary of the Air Force directed he be returned to duty. According to AF Form 1180, dated 21 May 2010, the applicant agreed with the findings and recommended disposition of the IPEB and waived his right to a formal PEB hearing. On 9 May 2011, he was retired from the ANG in the grade of Master Sergeant (MSgt). The applicant served 28 years, 6 months and 18 days for retired pay. On 9 Sep 2013, the DVA denied the applicant’s request for service connection for acute combat stress/anxiety/insomnia. ________________________________________________________________ AIR FORCE EVALUATION: The Physical Disability Board of Review (PDBR), Special Review Panel (SRP) recommended there be no change of the applicant’s disability and permanent disability retirement determination. The SRP considered whether any mental condition, regardless of specific diagnosis was unfitting for continued military service. The applicant’s case file was reviewed regarding diagnosis change, fitness determination and rating of unfitting MH diagnosis IAW the Veterans Affairs Schedule for Rating Disabilities (VASRD). All Panel members agreed that the evidence of the record reflected minimal MH related symptoms and the NARSUM indicated absent or minimal symptoms and good functioning in all areas. There was no indication from the record that any MH condition significantly interfered with satisfactory duty performance in the period of time leading into the MEB; it was not judged to fail retention standards by the MEB NARSUM psychiatrist. The SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and therefore, none were subject to a service disability rating. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the MH condition, and therefore, no disability ratings can be recommended. The complete PDBR SRP evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 9 Jan 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response. ________________________________________________________________ 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 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 Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that 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. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2014-00094 in Executive Session on 25 Mar 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentation in AFBCMR Docket Number BC- 2014-00094 was considered: Exhibit A. DD Form 149, dated 10 Apr 2013, w/atchs. Exhibit B. Letter, PDBR, dated 7 Jan 2014, w/atch. Exhibit C. Letter, SAF/MRBR, dated 9 Jan 2014.