RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02816
            INDEX NUMBER:  108.00
      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

It appears that the applicant is requesting that his effective date of
retirement be moved to a later date to  allow  him  time  for  medical
surgery and convalescence, to be extended  in  base  housing,  and  to
allow him to use his accrued leave rather than selling it.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His primary care physician failed to accomplish and provide the proper
narrative summary to AFPC/DPAMM to justify his being placed on medical
hold.

The medical group failed to process a medical evaluation  board  (MEB)
after placing him on a “4T” profile.

He was not provided a mandatory physical exam required  by  his  being
placed on a “4T” profile.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant first entered active duty in the Air Force on     13 Oct
76 and was discharged on 10 Apr 81.  He transferred to the  Air  Force
Reserve on 11 Apr 81 and was  discharged  on  10  Jan  82.   He  again
entered active duty in the Air Force on  11  Jan  02.   The  applicant
retired effective 1 Aug 03 due to reaching his high year of tenure.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMM  recommends  denial  of  the  applicant’s   request.    The
applicant had planned to have back surgery in mid-Aug  03,  after  his
established date of retirement of 1  Aug  03.   He  had  hoped  to  be
granted medical hold and continue  on  active  duty  until  completely
convalesced.  There was no attempt made to have this elective  surgery
approved in advance of the procedures while the applicant was still on
active duty.  His request was only received after his retirement date.
 AFPC/DPAMM confirmed with the applicant’s physician that  the  reason
for the applicant’s elective surgery did not meet the requirement  for
approval within six months of retirement.  They also  state  that  the
applicant’s circumstances also did not meet the standard  for  medical
hold.

Since the applicant was  performing  duties  up  until  he  first  had
elective surgery in May 03, based on his pending retirement, he  would
have been presumed fit.  The applicant was  scheduled  for  retirement
before there was any implication that he  was  to  seek  a  disability
claim.

The complete evaluation is at Exhibit C.

AFPC/DPPRRP also recommend denial of the applicant’s  request.   There
were  no  injustices  or  irregularities  that   occurred   with   the
applicant’s retirement processing.

Under AFI 36-3203, the applicant was  required  to  request  voluntary
retirement no later than the 1st day of the month following  his  high
year of tenure  (HYT)  date  (Jul  03)  or  be  separated.   The  only
exception was for him to have an approved HYT extension or  be  placed
on medical hold.  Additionally, the AFI stipulates that an  individual
may not request withdrawal or  extension  of  retirement  to  stay  on
active duty solely to resolve a medical  problem  or  receive  medical
treatment.

The complete evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
19 Sep 03 for review and comment within 30 days.  To date  a  response
has not been received.

_________________________________________________________________

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 opinions and  recommendations  of  the  Air
Force offices of primary responsibility and adopt their  rationale  as
the primary basis for our conclusion that the applicant has  not  been
the victim of an error or  injustice.   While  it  appears  that  some
errors were made regarding placement of the applicant on medical hold,
we accept AFPC/DPAMM’s determination that there  were  no  grounds  in
accordance with Air Force policy to place  the  applicant  on  medical
hold.  Additionally, while the applicant’s actions, or  lack  thereof,
regarding his retirement were based on his belief  that  he  would  be
placed on medical hold, we find  insufficient  evidence  that  he  was
actually advised that he had been placed  on  medical  hold.   On  the
other hand, he was well aware that he had an approved retirement date.
 We are also not persuaded that the applicant  exhausted  all  avenues
available to him at  the  time,  e.g.,  filing  an  Inspector  General
complaint, if he believed that  appropriate  actions  were  not  being
taken in his case.  Finally, regarding the applicant’s complaint  that
he was not able to use his leave productively,  we  believe  that  the
sale of his leave was a fair  alternative,  given  the  circumstances.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_______________________________________________________________

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 Docket  Number  BC-2003-
02816 in Executive Session on 22 October 2003, under the provisions of
AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. James W. Russell, III, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPAMM, dated 27 Aug 03.
    Exhibit D.  Memorandum, AFPC/DPPRRP, dated 12 Sep 03,
                w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 19 Sep 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair