RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01514 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His military disability evaluation of his mental health (MH) condition be reviewed. APPLICANT CONTENDS THAT: The current diagnosis on record is wrong and insulting. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 28 May 97, the applicant entered the Regular Air Force. On 5 Mar 09, a Staff Psychiatrist prepared a Psychiatric Addendum to the Medical Evaluation Board (MEB) indicating the applicant’s current level of functioning is not compatible with continued military service, he is not world-wide qualified nor deployable from a psychological stand point and he is unable to perform duties in a non-deployed setting on a regular basis. On 10 Mar 09, an MEB diagnosed the applicant with Left Shoulder Pain; Major Depressive Disorder-Recurrent, in Full Remission and Opioid Dependence. The applicant was referred to the Informal Physical Evaluation Board (IPEB). On 20 Apr 09, the IPEB diagnosed the applicant with Chronic Pain Disorder; Major Depressive Disorder, Recurrent in full remission and Opioid Dependence. The applicant was found unfit and the IPEB recommended discharge with severance pay with a compensable disability rating of 10%. On 28 Apr 09, the applicant initialed and signed the Action on IPEB Findings and Recommended Disposition not agreeing with the findings and recommended disposition of the IPEB. On 17 Jun 09, the Formal PEB (FPEB) diagnosed the applicant with Chronic Pain Syndrome with Myofacial Syndrome; Left Cervical Dystoria and Left Clavicular Pain; Major Depressive Disorder, Recurrent, In Full Remission and Opioid Dependence. The FPEB recommended temporary retirement with a compensable disability rating of 30%. On 18 Jun 09, he initialed and signed the Action on FPEB Findings and Recommended Disposition agreeing with the findings and recommended disposition of the FPEB. Per Special Order Number NO. ACD-01733 dated 31 Jul 09, the applicant was relieved from active duty effective, 28 Oct 09, and placed on the TDRL per Secretary of the Air Force direction under the provisions of 10 U.S.C. 1202, effective 29 Oct 09, in the grade of Technical Sergeant (TSgt/E-6) per AFI 36-3212, with compensable percentage for physical disability of 30 percent. On 3 Feb 11, the IPEB diagnosed the applicant with TOS, left upper extremity with a 60% compensable disability rating and disposition to retain on the TDRL. On 17 Feb 11, he was notified the Secretary of the Air Force determined he should remain on the TDRL. On 5 Oct 11, the applicant underwent surgery for left sided Thoracic Outlet Syndrome (TOS). The doctor expected the applicant would be recovered one year after the surgery and doubted he would be able to pass an Air Force physical. On 17 May 12, the IPEB diagnosed him with TOS of Left Upper Extremity. The applicant was found unfit and the IPEB recommended TDRL to permanent retirement with a compensable disability rating of 30%. On 11 Jul 12, he was notified effective 31 Jul 12 he was removed from the TDRL and permanently retired per AFI 36-3212, Physical Evaluation for Retention, Retirement and Separation, with a compensable percentage for physical disability of 30%. He was credited with 12 years, 5 months and 1 day of active service for retirement. AIR FORCE EVALUATION: Physical Disability Board of Review (PDBR) Special Review Panel (SRP) recommends the applicant’s separation be modified to reflect placement on the Temporary Disability Retired List (TDRL) with a combined disability rating of 50 percent, and then a permanent combined 30 percent disability retirement. The SRP considered the appropriateness of changes in MH diagnoses, PEB fitness determination; and if unfitting, whether the provisions of VASRD §4.129 were applicable and a disability rating recommendation in accordance with VASRD §4.130. At the time of processing through the DES the initial unfitting diagnosis was chronic pain disorder (9422-pain disorder). This is considered an MH diagnosis under somatoform disorders under §4.130. The final DES determination did not contain any MH diagnoses as the diagnosis was replaced by the non-MH diagnosis of TOS of left upper extremity by the time of the final IPEB. The applicant therefore met the inclusion criteria in the Terms of References of the MH Review Project. The TDRL reevaluations noted sub-specialist evaluation with surgery and a new diagnosis of Thoracic Outlet Syndrome (TOS). The SRP adjudged that no MH condition rose to the level of being unfitting at the time of permanent retirement; but did not reevaluate the rating-level of the non-MH TOS (8513) condition because it is outside the scope of the SRP. The SRP considered if the entry diagnosis of (pain disorder, 9422) was incorrect by a preponderance of the evidence. The Panel considered that the initial FPEB rationale and coding was logical and reasonable given the evidence available at that time. In consideration of the preponderance of the evidence, the SRP agrees that there was insufficient evidence to change the TDRL-entry unfitting diagnosis. Of note, addressing the applicant’s specific DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552, contention, the final disability retirement determination did not contain any MH diagnosis and the final diagnosis of record was TOS of left upper extremity. The complete PDBR 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 11 Apr 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: On 3 Mar 15, a clinical psychologist, within the PDBR, agreed with the opinion and the recommendation of the SRP (Exhibit E). APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the additional Air Force evaluation was forwarded to the applicant on 27 Mar 15 for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. 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 an error or injustice. The applicant alleges the diagnosis on record is wrong and insulting. We took notice of the applicant’s complete submission, including attachments, in judging the merits of the case; however, we do not find the evidence presented sufficient to override the Air Force offices of primary responsibility (OPR). We found no evidence of an error or injustice in the applicant’s disability discharge processing. The applicant separated for unfitting conditions that interfered with his ability to continue to serve on active duty and was rated based on the seriousness of his conditions at the time of separation in accordance with governing policy. Therefore, we agree with the opinions and recommendations of the Air Force OPR 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 requested relief. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2014-01514 was considered: Exhibit A. DD Form 149, dated 11 May 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, PDBR, dated 30 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 11 Apr 14. Exhibit E. Letter, PDBR Clinical Psychologist, dated 3 Mar 15. Exhibit F. Letter, SAF/MRBR, dated 27 Mar 15.