RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00772

XXXXXXXXXX	COUNSEL:  NONE

	HEARING:  NO

APPLICANT REQUESTS THAT:

Her 10% disability rating be corrected to match her current Veteran Affairs (VA) Rating of 90% and her discharge reflect permanent retirement; Post-Traumatic Stress Disorder (PTSD) be added to her record; and her pay grade at separation be corrected to reflect Staff Sergeant (SSgt) (E-5).

APPLICANT CONTENDS THAT:

She was given direction by military personnel not to request a higher disability rating due to risk of losing her current 10% rating.  Her PTSD resulted from military sexual trauma (MST) and while on active duty.  Finally, she tested for and earned the rank of SSgt.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former senior airman.  On 16 Mar 04, the applicant was placed on the Temporary Disability Retirement List (TDRL), with a 30% rating for major depression associated with chronic low back pain.

On 4 Jan 07, during a standard, periodic re-evaluation, the Informal Physical Evaluation Board (IPEB) concluded the applicant’s condition had improved and stabilized.  The IPEB recommended her rating be decreased to 10% and that she be discharged with severance pay.  On 5 Feb 07, the Chief, USAF Physical Disability Division, accepted the IPEB’s recommendation and directed the applicant’s separation, which was effective 25 Feb 07.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D, E and F.

AIR FORCE EVALUATION:

AFPC/Disabilities recommends denying the application, indicating the applicant concurred with the IPEB’s recommendation by not responding to the Election Letter (AFI 36-3212, paragraph 7.15.1, Action by AFPC and Member After IPEB).  At the time of the applicant’s Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB), there was no evidence of PTSD in her medical records or in statements from her.  The complete advisory is at Exhibit C.

AFPC/DP2SPP recommends denying the applicant’s request to have her rank corrected to reflect SSgt as she did not hold that grade prior to separation.  The applicant was considered and tentatively selected for promotion to the grade of SSgt during cycle 03E5, however, according to Special Order ACD-00312, 4 Feb 04, she was placed on the TDRL effective 16 Mar 04 in the grade of SrA.  In accordance with AFI 36-2502, Airman Promotion Program, 6 Aug 02, Table 1.1, Rule 7, airmen are ineligible for promotion in a particular cycle if they have been determined unfit to perform duties of their grade because of disability.  When promotion eligibility status (PES) code “L” (ineligible-physical disability) was updated in the system, the applicants projected promotion was removed.  The complete advisory is at Exhibit D.

AFBCMR Psychiatric Advisor recommends denying the applicant’s request at add PTSD to her records, indicating that the applicant’s ability to function clearly indicated she was not suffering from PTSD at the time of separation.  The complete advisory is at Exhibit E.

AFBCMR Medical Advisor recommends denying the applicant’s request to add PTSD as an unfitting medical condition, indicating insufficient evidence to warrant a new unfit finding, since PTSD was not the condition that cut the applicant’s career short.  The Medical Advisor also recommends against changing her disability rating, since the criteria for the 10% disability rating include, “maintains an adequate job adjustment” and an “adequate social adjustment.”  According to the applicant’s TDRL Narrative Summary, conducted on 12 Dec 06, the applicant was a full-time student and had completed 111 credit hours towards her BA, with a 3.65 grade point average.  The provider deemed the applicant capable and competent, as indicated by her pursuit of education and hard work as a full-time student.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 13 Sep 18 for comment (Exhibit G), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/Disabilities, AFPC/DP2SPP, Mental Health Advisor, and the Medical Advisor and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00772 in Executive Session on 25 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to deny the application.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/Disabilities, dated 19 Jan 18.
Exhibit D:	Advisory opinion, AFPC/DP2SPP, dated 26 Jan 18.
Exhibit E:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 20 Jun 18.
Exhibit F:	Advisory opinion, AFBCMR Medical Advisor, w/atch, dated 04 Oct 18.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 13 Sep 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.