RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02162 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The former member’s Mental Health (MH) conditions be considered unfitting and compensable. APPLICANT CONTENDS THAT: The former member was injured in the Line of Duty (LOD). Multiple surgeries and constant pain directly affected his MH. He was in counseling and taking prescribed medications while on active duty. He was diagnosed with major depression, Post- traumatic Stress Disorder (PTSD), anxiety and explosive anger disorder. The military failed to diagnose his bi-polar and Obsessive Compulsive Disorder (OCD). He was diagnosed in 2009 after his retirement. He would have received 100 percent disability if he had been diagnosed and treated while in service. On 25 Feb 13, the former member committed suicide. The Board should find it in the interest of justice to consider her untimely application as the conditions existed during the former member’s military service and should have been considered in determining his disability rating. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 2 Mar 93, the former member entered the Regular Air Force. According to an AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 6 Oct 09, the Formal Physical Evaluation Board (FPEB) concluded the former member was unfit for conditions of bilateral ankle pain, right status-post multiple surgeries, left ankle due to degenerative changes and bilateral factor. The FPEB recommended permanent medical retirement with a combined compensable disability rating of 30 percent In Accordance With (IAW) the Veterans Administration Schedule for Rating Disabilities (VASRD) guidelines. According to an AF Form 1180, Action on Physical Evaluation Board Findings and Recommended Disposition, dated 6 Oct 09, the former member agreed with the findings and recommended disposition of the FPEB. Per Special Order ACD-00129 dated 21 Oct 09, the former member was permanently retired effective 29 Dec 09 in the grade of Technical Sergeant (TSgt, E-6) with a compensable percentage for physical disability of 30 percent. According to a death certificate, the former member died on 25 Feb 13. On 30 Mar 15, SAF/MRBC provided the applicant a copy of the Physical Disability Board of Review (PDBR) Special Review Panel (SRP) evaluation endorsed by a MH professional as required by the Fiscal Year 15 National Defense Authorization Action (FY15 NDAA) § 521. AIR FORCE EVALUATION: The PDBR SRP recommends there be no change of the former member’s disability and separation determination. His Service Treatment Records (STR) reflects a history of recurrent depression since approximately 1992 prior to entry into military service (1993). His records also reflect recurring or ongoing MH treatment since 1995 for symptoms of depressed mood, anxiety and anger problems. A history of PTSD due to childhood abuse was noted in his treatment records. His AF Form 469, Duty Limiting Condition Report, dated 1 Apr 09, did not list any MH condition. During the 22 Apr 09 family practice clinic appointment for the Medical Evaluation Board (MEB), he was noted to display a “normal bright affect” and the diagnosis of depression was noted as “stable” with recommendation to continue medication. On 3 Jun 09, the MEB Narrative Summary (NARSUM) noted his history of depression as “controlled.” The commander’s recommendation to the MEB/PEB refers only to physical limitations and does not mention a MH condition. The AF Form 618, Medical Board Report, did not list any MH diagnosis and did not forward an MH diagnosis requesting an FPEB. The former member requested only that his ankle condition be re-evaluated by the FPEB and did not contend an MH diagnosis. The supporting documents to his FPEB contention made no mention of an MH disorder. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records showed that no changes in diagnosis were made at any time. Although a history of depression was noted on the MEB NARSUM, it was not referred into the DES. The Panel determined that since no MH diagnoses were referred for disability evaluation, the former member therefore did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. The diagnosis of depression was not implicated in the commander’s statement profile when he was being processed in the DES. He was not judged by his providers or the MEB to fail retention standards due to depression or any other MH disorder. All panel members agreed that the evidence of the record reflected no impairment of duty performance due to depression, or other MH condition, throughout his military career to include the final two years prior to the disability retirement. Therefore, the SRP concluded that the depression condition was not unfitting at the time of separation, and thus not subject to a disability rating. A complete copy of the PDBR/SRP 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 6 Jun 14 for review and comment within 30 days (Exhibit D). 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 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 Board of Review (PDBR) Special Review Panel (SRP) and adopt the rationale expressed as the basis for our conclusion that the applicant has failed to sustain her burden of proof of an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no basis to favorably consider the applicant’s request. 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-2014-02162 in Executive Session on 13 May 15 under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 May 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, PDBR/SRP, dated 23 May 14. Exhibit D. Letter, SAF/MRBR, dated 6 Jun 14. Exhibit E. Letter, AFBCMR, dated 30 Mar 15, w/atch.