RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  04-00457
            INDEX NUMBER:  145.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His retirement  order  be  changed  to  reflect  that  he  received  a  non-
disability retirement and that his AF Form  356,  Findings  and  Recommended
Disposition of USAF Physical Evaluation Board, Item 10c, be changed to  read
that his medical conditions were received  in  line  of  duty  as  a  direct
result of armed  conflict  or  caused  by  an  instrumentality  of  war  and
incurred during a period of war.

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APPLICANT CONTENDS THAT:

He had enough time in service to take a non-disability  retirement  and  was
not given that option.

In support of  his  application,  the  applicant  provides  a  copy  of  his
retirement order with amendment  and  a  copy  of  his  AF  Form  356  dated
11 October 1995.  Applicant’s complete submission, with attachments,  is  at
Exhibit A.

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STATEMENT OF FACTS:

Records reflect that the applicant is a former noncommissioned  officer  who
was relieved from active duty effective 8 December 1995  and  his  name  was
placed on the Temporary Disability Retired List (TDRL) in  the  retired  pay
grade of technical sergeant effective  9  February  1995,  with  a  physical
disability rating of 30  percent.   Applicant’s  unfitting  conditions  were
left shoulder, neck and arm  pain  of  uncertain  etiology  associated  with
adjustment disorder with mixed anxiety and depressed  mood  with  no  social
and industrial impairment (incurred  in  1994);  and,  bilateral  foot  pain
secondary to metatarsus primus varus, hypermobile pes  planus,  status  post
bilateral osteotomy of first metatarsals age 15 (existed  prior  to  service
and aggravated by service).  It was noted that the applicant had not  served
in the Gulf War Theater of Operations  after  1  August  1990.   A  combined
compensable rating of 30% was assigned.  He was credited  with  19 years,  2
months and 25 days of total  active  duty  service  for  retirement  and  19
years, 3 months and 20 days for basic pay.

On 19 June 1997, an Informal Physical Evaluation  Board  (IPEB)  found  that
the applicant’s medical conditions had not significantly  changed  since  he
was placed on the TDRL and remained unfitting for further military  service.
 The IPEB recommended permanent  retirement.   On  1  July  1997,  applicant
acknowledged receipt and concurred with  the  recommended  findings  of  the
IPEB.  On 9 July 1997, the Secretary of the  Air  Force  directed  that  his
name be removed from the TDRL and he be permanently retired.   Effective  29
July 1997, his name was removed from the TDRL and  he  was  retired  in  the
grade of technical sergeant with a disability rating of 30 percent.

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AIR FORCE EVALUATIONS:

AFPC/DPPD recommends the application be denied.  AFPC/DPPD states  that  the
applicant failed  to  provide  documentation  to  justify  why  his  medical
conditions identified at the time of  his  disability  processing  were  the
result of an armed  conflict  during  a  period  of  war  or  caused  by  an
instrumentality  of  war.   In  addition,   AFPC/DPPD   advises   that   the
applicant’s request to have his disability  retirement  changed  to  a  non-
disability retirement is  counterproductive  since  he  does  not  have  the
mandatory twenty years of active military service to  be  considered  for  a
retirement for years of service.  The AFPC/DPPD evaluation is at Exhibit  C.


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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

On 27 February 2004, a copy of the Air Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a response.

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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.

    a.  Evidence has not been presented which would lead us to believe  that
the applicant’s disability  retirement  was  improper  or  contrary  to  the
provisions of the governing instructions, which implement the law.  We  note
his contention that he had enough time in service  to  qualify  for  a  non-
disability retirement but was not given the option.  However, his  personnel
records indicate that he had only completed 19 years, 2 months, and 25  days
of active duty service,  which  is  insufficient  to  be  considered  for  a
retirement for length of service.  The record shows  that  military  medical
authorities determined that the applicant’s physical  defects  rendered  his
fitness  for  continued  service  questionable  and  he  was  referred   for
disability processing.  Once  it  was  determined  that  the  applicant  was
physically unfit for continued service, in accordance with the law,  he  was
relieved from active duty and retired at the earliest practicable date.   It
appears  that  responsible  officials  applied  appropriate   standards   in
effecting  the  disability  retirement.   The  applicant  has  not  provided
persuasive evidence demonstrating that he was not afforded  all  the  rights
to which entitled or that the findings of unfitness were  based  on  factors
other than sound medical principles.  It is interesting  to  note  that,  at
the time, the applicant did not object to  the  recommended  disposition  in
his case.  In the absence of evidence  indicating  the  contrary,  favorable
consideration of the applicant’s request for a length of service  retirement
is not appropriate.

    b.  As to the applicant’s request that his medical records be  corrected
to show his conditions were received in line of duty as a direct  result  of
armed conflict or caused by an instrumentality of war and incurred during  a
period of war,  neither  does  the  record  reveal  nor  has  the  applicant
provided evidence that would lead us to  believe  his  unfitting  conditions
were incurred in a manner that met the  statutory  and  regulatory  criteria
required for such a finding.

    c.  In view of the above and absent evidence to the contrary,  we  agree
with the assessment of the Air Force office of  primary  responsibility  and
adopt the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has  suffered  either  an
error or an injustice.  Therefore, we find no compelling basis to  recommend
granting the relief sought.

_________________________________________________________________

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 this application  in Executive
Session on 29 April 2004, under the provisions of AFI 36-2603:

            Mr. Jackson A. Hauslein Jr, Panel Chair
            Mr. James W. Russell, III, Member
            Mr. Richard A. Peterson, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
04-00457:

      Exhibit A.  DD Form 149, dated 2 Feb 04, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPD, dated 20 Feb 04.
      Exhibit D.  Letter, SAF/MRBR , dated 27 Feb 04.





               JACKSON A. HAUSLEIN JR.
               Panel Chair