RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02892
                 INDEX CODE:  129

                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She receive a waiver of a  one-year  active  duty  service  commitment
(ADSC) to allow retirement in the higher grade of captain.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was selected for promotion to the grade of captain on 11 September
1995 by the Calendar Year 1995 (CY95) Central Captain Selection  Board
with a projected effective date of 8 April  1996.   However,  she  was
diagnosed with  relapsing-remitting  multiple  sclerosis  in  December
1995.  She met a Physical Evaluation Board (PEB) and it was determined
that she was unfit for continued active duty and was  recommended  for
retirement on 13 March 1996.  Because the Secretary of the  Air  Force
message was dated 26 days before  her  projected  promotion,  she  was
denied promotion.

In support of her request, applicant submits numerous attachments,  to
include Letters of Congratulations/Appreciation,  Officer  Performance
Reports (OPRs),  Air  Force  Commendation  Medal  (AFCM),  Outstanding
Performance Award and a Statement of Understanding, dated 14  November
1995.

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant in the Reserve of the  Air
Force on 8 April 1992 and ordered to extended active duty.

Applicant was selected for promotion to the grade of  captain  by  the
CY95 Central Captain Selection Board with a  projected  date  of  rank
(DOR) of 8 April 1996.   The  Statement  of  Understanding,  dated  14
November 1995 indicates that upon promotion to the grade  of  captain,
applicant would incur a one-year active duty service commitment (ADSC)
from the effective date of promotion.

While serving in the  grade  of  first  lieutenant,  applicant  met  a
Medical Evaluation Board (MEB) on 20 December 1995.  The Medical Board
Report, dated 11 January 1996 considered all evidence and  established
a diagnosis of “Laboratory Supported Definite Multiple Sclerosis” with
approximate date of origin of March 1995.   The  MEB  recommended  the
applicant’s case be forwarded to an Informal Physical Evaluation Board
(IPEB).  On 6 February 1996, the  IPEB  concurred  with  the  original
diagnosis and recommended the applicant be  placed  on  the  Temporary
Disability Retirement List (TDRL) with  a  compensable  percentage  of
30%.  On 22 February 1996, applicant did not agree with  the  findings
and recommended  disposition  of  the  IPEB  and  requested  a  formal
hearing.  However, on 6 March 1996, having received an explanation  of
the findings and recommendations of  the  IPEB  by  her  counsel,  the
applicant waived her request for a formal PEB hearing.   On  13  March
1996, the Secretary of the Air Force directed that  the  applicant  be
placed on the TDRL under the provisions of 10 USC 1202.

Special Order  No.  ACD-995,  dated  29  March  1996,  reflected  that
effective 7 May 1996, applicant was  relieved  from  active  duty  and
placed on the TDRL, effective 8 May 1996, in the retired pay grade  of
first lieutenant per AFI 36-3212.

On 17 September 1997, applicant was reevaluated by the  IPEB  and  the
recommended disposition was Permanent Retirement  with  a  compensable
percentage of 50%.  Applicant concurred with the recommended  findings
on 6 October 1997.

The Secretary of the Air  Force  directed  that  applicant’s  name  be
removed from the TDRL, and permanently retired under the provisions of
10 USC 1201.

Special Order  No.  ACD-64,  dated  14  October  1997,  reflects  that
effective 3 November 1997, applicant was removed  from  the  TDRL  and
retired in the grade of first lieutenant with a compensable rating  of
50% for physical disability, and assigned to the  retired  Reserve  in
the grade of first lieutenant.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Officer Promotion Section, HQ AFPC/DPPPOO, states that  the
applicant was denied promotion to the grade  of  captain  due  to  her
inability to complete the  one-year  active  duty  service  commitment
(ADSC) associated with promotion.

Title 10, United States Code, Section 1372, which was in  effect  when
the applicant was retired, did not allow for retirement in the  higher
grade.  Although the USC was amended in September 1996  to  allow  for
retirement in the higher grade, the law was not retroactive.

During this time period, the Air Force was waiving ADSCs for voluntary
separations/retirements  under  the  Limited   Active   Duty   Service
Commitment Program (LADSCP)  to  meet  Congressionally  mandated  end-
strength requirements.  However, the program only allowed for  waiving
six months of the one year ADSC for promotion to  captain.   Applicant
would only  have  had  one  month  time-in-grade  as  a  captain  when
medically retired on 8 May 1996.

The laws in effect at the time of the applicant’s  medical  retirement
preclude retirement as a captain.  Although LADSCP allowed for waiving
promotion ADSCs under other circumstances,  the  applicant  would  not
have been able to meet the waived ADSC requirements.   They  recommend
the application be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
14 December 1998 for review and  response.   Applicant  responded  and
states, in summary, that the cancellation of her promotion  after  the
Medical Evaluation Board’s proceedings, and  the  military  policy  on
retiring members with multiple sclerosis, produced  an  injustice  she
hopes can be rectified.  Applicant states that she is not looking  for
more money, she simply wants to be able  to  refer  to  herself  as  a
retired captain, the rank she earned  and  in  which  she  would  have
faithfully carried out her duties had she been  retained  by  the  Air
Force.


A copy of the applicant’s response, with attachments, is  attached  at
Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice.  We have thoroughly reviewed
the  evidence  of  record  and  the  documentation  submitted  by  the
applicant.  Although we find no error in  the  applicant’s  disability
retirement processing and compensable disability rating, we do believe
there is an injustice to the applicant.  We note that she was selected
for promotion to the grade of captain by the Calendar Year 1995 (CY95)
Central Captain Selection Board that convened  on  11 September  1995.
However,  when  she  received  her  promotion  sequence  number,   her
projected date of rank was 8  April  1996.   Because  of  her  medical
diagnosis  in  December  1995,  she  was  recommended  for  a  medical
retirement on 13 March 1996, just one month prior to her assuming  the
grade of captain.  A statement by her Commander, Air Mobility Command,
indicates that  the  applicant  was  working  full  days  without  any
indication of physical disability and was fully  engaged  through  the
date of his (Commander’s) departure from Travis Air Force  Base  on  3
May 1996.  We are unable to determine if the applicant would have been
able to continue to perform her duties and  fulfill  her  active  duty
service commitment required for the promotion.  We do  note  that  the
applicant was a distinguished graduate of  the  Undergraduate  Missile
Training course and it  appears  that  she  was  a  stellar  performer
throughout her short career.  We therefore believe that  to  deny  her
promotion and allow retirement in the lower grade of first  lieutenant
would be an injustice.  Therefore, in view of the above, we  recommend
her records be corrected to the extent indicated below.
_______________________________________________________________________
_____________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

    a.  She was not found unfit on 13 March 1996  and  placed  on  the
Temporary Disability Retired List (TDRL), but continued  to  serve  on
active duty.

    b.  She was promoted to the grade of captain, effective and with a
date of rank of 8 April 1996.

    c.  On 7 May 1996, she was found unfit to perform  the  duties  of
her office, rank, grade or rating by  reason  of  physical  disability
incurred while entitled to receive basic pay; that  the  diagnosis  in
her case was clinically definite multiple  sclerosis,  VA  code  8018-
8105, rated at thirty percent; that the disability may be permanent.

    d.  On 8 May 1996, her name was placed on the TDRL, in  the  grade
of captain, and as an exception to policy, competent authority  waived
her active duty service commitment.

    e.  On 3 November 1997, her name was removed from the TDRL and she
was permanently retired in the grade of captain, by reason of physical
disability with a compensable rating of fifty percent.

_______________________________________________________________________
_____________________

The following members of the  Board  considered  this  application  in
Executive Session on 15 July 1999, under the  provisions  of  AFI  36-
2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr. Mike Novel, Member
              Ms. Ann L. Heidig, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 4 Sep 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPOO, dated 17 Nov 98.
   Exhibit D.  Letter, AFBCMR, dated 14 Dec 98.
   Exhibit E.  Applicant’s Letter, dated 21 Dec 98.




                                   BARBARA A. WESTGATE
                                   Panel Chair


AFBCMR 98-02892




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to   , be corrected to show that:

            a.  She was not found unfit on 13 March 1996 and placed on
the Temporary Disability Retired List (TDRL), but continued to serve
on active duty.

            b.  She was promoted to the grade of captain, effective
and with a date of rank of 8 April 1996.

            c.  On 7 May 1996, she was found unfit to perform the
duties of her office, rank, grade or rating by reason of physical
disability incurred while entitled to receive basic pay; that the
diagnosis in her case was clinically definite multiple sclerosis, VA
code 8018-8105, rated at thirty percent; that the disability may be
permanent.

            d.  On 8 May 1996, her name was placed on the TDRL, in the
grade of captain, and as an exception to policy, competent authority
waived her active duty service commitment.

            e.  On 3 November 1997, her name was removed from the TDRL
and she was permanently retired in the grade of captain, by reason of
physical disability with a compensable rating of fifty percent.








   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency