RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01658
            INDEX CODE 100.00, 131.09
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214 reflect a hyphenated last name of T-- - M--,  her  pay
grade as E-4, and her place of entry into active duty  as  Montgomery,
AL.

[NOTE:  On 28 Jun 80, the applicant’s last name  was  changed  in  her
military records from T-- to M-- based on her 1980 marriage.  Further,
her place of entry into active duty was administratively corrected  to
Montgomery, AL, on 6 Oct 04.]
________________________________________________________________

APPLICANT CONTENDS THAT:

She was not available to sign her discharge  papers  because  she  was
hospitalized at the time of her “temporary” separation.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  4 Oct  79.   On
28 Jun 80, the applicant’s last name was changed from T-- to M-- based
on her marriage in 1980.

The applicant was incrementally promoted to the grade of sergeant  (E-
4) with a date of rank (DOR) of 1 Oct 82.

An AF Form 418, dated 27 Nov 85, denied the applicant reenlistment and
vacated her NCO status because of irresponsibility in her actions  and
in performing her job; i.e., repeatedly late  for  work,  leaving  her
post without being properly relieved,  disruptive  phone  calls,  etc.
The applicant appealed but the commander’s decision was  upheld  on  6
Feb 86.

Around this same timeframe, on 3 Feb 86, the commander imposed Article
15 punishment on the applicant in the form of reduction from  sergeant
to airman first class (E-3), with a DOR of 3 Feb 86, and  14  days  of
extra duty because she knowingly, and with intent to deceive,  made  a
false statement to a senior master sergeant, on or about  23  Nov  85,
that an airman first class had made a racially  derogatory  statement.
The applicant’s appeal was denied on 12 Feb 86 and, on 13 Feb 86,  the
Article 15 was found legally sufficient and filed in  her  Unfavorable
Information File (UIF).

Wilford Hall Medical Center (WHMC) Narrative Summaries, dated 4 and 20
Aug  86,  disclose  the  applicant  was  referred  there  from  Wright
Patterson AFB (WPAFB) on 17 Jul 86 for being unable to walk and having
a recurring history of leg weakness,  nausea,  headaches,  and  light-
headedness.  She was given neurological and psychiatric workups.   The
summaries report that administrative separation for work and financial
problems  was  pending.   The  applicant  was   about   to   meet   an
administrative discharge board when the current symptoms occurred  and
she had apparently displayed  similar  symptoms  during  earlier  work
conflicts.

The applicant’s case was referred to a Medical Evaluation Board  (MEB)
on 28 Aug 86, which recommended  referral  to  a  Physical  Evaluation
Board (PEB) for conversion disorder, chronic,  severe,  manifested  by
left hemiparesis and left hemisensory deficit with negative  extensive
neurological workup.  On 5 Sep 86, the Informal PEB (IPEB) recommended
the applicant be placed on the Temporary  Disability  Retirement  List
(TDRL) for conversion disorder as manifested by left  hemiparesis  and
left hemisensory deficit with negative extensive neurological  working
with severe  industrial  impairment,  rated  at  50%.   The  applicant
agreed.

On 6 Oct 86, the Secretary of  the  Air  Force  (SAF)  determined  the
applicant served satisfactorily in the higher grade of sergeant within
the meaning of Title 10, USC, Section 1372 (Exhibit D).

On 3 Nov 86, the applicant was released from active duty and placed on
the TDRL in the grade of airman first class.  [Note:  The DD Form  214
incorrectly indicated she had 3, years,  9  months,  and  18  days  of
active duty; however, this was  administratively  corrected  on  6 Oct
04.]

While on the TDRL, the applicant underwent  periodic  examinations  as
required.  A 21 Feb 88 discharge summary reports that a neurologist at
the Tuskegee VA Medical Center Hospital  believed  the  applicant  had
multiple sclerosis (MS).

On 12 Apr 88, an IPEB recommended the applicant  be  retained  on  the
TDRL for MS, rated at 50%.

Her subsequent TDRL evaluation on 29 Sep 89 diagnosed MS and found her
unfit for duty.  Based on the unpredictable nature of the illness,  on
12 Oct 89, an IPEB recommended that she be continued on the TDRL.

On 14 Aug 91, an IPEB recommended  the  applicant  be  placed  on  the
Permanent Disability Retirement List (PDRL)  for  MS,  rated  at  30%.
[The applicant’s maximum 5-year TDRL period would have expired in  Nov
91.]  The applicant concurred with the findings and recommendations.

Special  Order  Number  ACD-2159,  dated  5  Sep  91,   directed   the
applicant’s permanent  retirement  with  a  30%  disability  effective
15 Sep 91, with 7 years and 1 month of active service  for  retirement
and a highest pay grade held/retired pay grade of sergeant.

On 11 Aug 04, HQ AFPC/DPF advised the applicant that her DD  Form  214
correctly reflected her name as it was recorded in her service  record
when she retired from the Air  Force  name.   HQ  AFPC/DPF  added  the
Military Personnel Data System (MPDS) could  be  changed  if  she  had
legally changed her name to T--M-- and would forward a certified  copy
of the document that changed her name.  However, the applicant did not
respond.

On 6 Oct 04, HQ AFPC/DPPRSP administratively corrected the applicant’s
DD Form 214 to reflect she had 7 years and 1 month of  active  service
(rather than 3 years, 9 months and 18 days) and  her  place  of  entry
into active duty was Montgomery, AL.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPF advised that AFI 36-2608 allows for the correction of  the
name after the fact for retirees if the name was legally changed and a
copy of the document changing the name is  provided  as  part  of  the
application.  The applicant  did  not  respond  to  their  11  Aug  04
invitation to provide a legal document to  support  the  name  change.
Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPD advises at the time the applicant was placed on the  TDRL
her rank was properly noted as airman first class since she  had  been
reduced in rank due to the Article 15.  The SAF memo, dated 6  Oct  86
(attached), directed the applicant be retired, for pay purposes  only,
in the higher grade of sergeant in  accordance  with  Title  10,  USC,
Section 1372.  Her rank on the DD Form  214  is  correct  in  that  it
reflects her status at the time of disability in accordance  with  AFR
35-4.  The DD Form 214  only  reflects  service  information  for  the
period the member was on active duty.  The period a member is  on  the
TDRL is not active duty and cannot be counted as  active  service  for
retirement purposes.  As no error or injustice has  been  established,
denial is recommended.

A complete copy of the evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 15 Oct 04 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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.  The applicant’s place  of  entry
into  active  duty  was  administratively  corrected  on  6  Oct   04.
Therefore, the only issues remaining for  this  Board’s  consideration
are the applicant’s requests to have her discharge documents reflect a
hyphenated last name of T--M-- and the grade of  E-4.   Based  on  her
marriage in 1980, the applicant’s military  records  were  amended  to
reflect a last name of  M--.   Her  last  name  at  the  time  of  her
discharge was M--, and this is accurately reflected on  her  discharge
documents.  The Military Personnel Records System allows  for  a  name
change after the fact for retirees but, despite being  invited  to  do
so, the applicant has not provided  any  documentation  verifying  her
last name of M-- was legally changed to the requested hyphenated  name
of T--M--.  When the applicant was placed on the TDRL on 3 Nov 86, her
rank was properly noted as E-3 due to  the  Article  15  reduction  on
3 Feb 86.  However, she was retired, for pay  purposes  only,  in  the
higher grade of E-4 in accordance with SAFPC memo dated 6 Oct 86.  The
DD Form 214 only reflects service information for the period a  member
was on active duty; time on the TDRL is not considered active duty and
cannot be counted as  active  service  for  retirement  purposes.   We
therefore agree with the recommendations of the Air  Force  and  adopt
the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has not sustained her burden of having  suffered  either  an
error or an injustice.  In view of the  above  and  absent  persuasive
evidence to the contrary, 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 16 and 27 December 2004 under the  provisions  of
AFI 36-2603:

                 Ms. Rita S. Looney, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Mr. Gregory A. Parker, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-01658 was considered:

   Exhibit A.  DD Form 149, dated 17 May 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPF, dated 24 Sep 04
   Exhibit D.  Letter, HQ AFPC/DPPD, dated 29 Sep 04, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 15 Oct 04.




                                   RITA S. LOONEY
                                   Panel Chair