RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00545
            INDEX CODE:  113.00, 136.00
      XXXXXXXXXXX      COUNSEL:  NONE

            HEARING DESIRED:  YES

      MANDATORY CASE COMPLETION DATE: 1 Nov 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

In an amendment to  his  application,  applicant  requests  his  records  be
corrected to show he completed 20 years of service to qualify  for  benefits
under the Combat-Related Special Compensation (CRSC) program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was medically retired just two  months  shy  of  completing  20 years  of
service.  His condition was incurred under combat conditions.   The  Medical
Evaluation Board (MEB) did not take into consideration he would  be  totally
unemployable upon leaving the service although they had evidence showing  he
was and would be for the rest of his life.

In support of his request, applicant provided a copy  of  his  DD Form  214,
Certificate of Release or Discharge from  Active  Duty;  his  AF  Form  356,
Findings and Recommended Disposition of USAF Physical Evaluation Board;  and
his Department of Veterans' Affairs (DVA) rating decision.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  24
Feb 83.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Oct  01.
He served as a Medical Services Craftsman.

An MEB convened on 23 Oct 03 and referred his case to an  Informal  Physical
Evaluation Board (IPEB) with diagnoses of  Post  Traumatic  Stress  Disorder
(PTSD), depression, and sleep apnea.  On 17 Dec 03, the IPEB determined  his
conditions did not overcome the presumption of fitness  and  recommended  he
be returned to duty.  At the request  of  the  Medical  Group  Commander,  a
special review by the IPEB was conducted on 27 Jan  04.   After  the  review
the IPEB determined his PTSD rendered him  unfit  for  further  service  and
recommended he be placed on the Temporary  Disability  Retired  List  (TDRL)
with a compensable percentage of 50 percent.  The applicant did  not  concur
with the findings and recommended disposition of the IPEB  and  requested  a
formal PEB (FPEB).   Applicant  contended  that  he  should  be  permanently
retired with a compensable percentage of 100 percent.  On  30  Mar  04,  the
FPEB  recommended  he  be  permanently  retired  from  the  service  with  a
compensable  percentage  of  50  percent.   Applicant  concurred  with   the
recommendation of the FPEB.  He was separated on 14 Jun 04  and  permanently
retired on 15 Jun 04 after serving 19 years and 10 months on active duty.

Documentation provided by the applicant  reflects  that  subsequent  to  his
separation from the Air Force the DVA  has  awarded  the  applicant  service
connection for his PTSD, obstructive sleep apnea, and headaches rated at  50
percent each; degenerative disc disease, rated at 20  percent;  degenerative
joint disease, vertigo and tinnitus, rated at 10 percent each.  He was  also
granted service connection for numerous other medical conditions which  were
determined to be non-compensable.  His combined rating is 90%.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states the preponderance of  the  record  supports  the  PEB  rating  of  50
percent for his PTSD.  There is no evidence that  supports  concluding  that
his other medical conditions were unfitting for continued  military  service
at the time of separation.  His case was properly  evaluated,  appropriately
rated and received full consideration under the provisions of AFI 36-3212.

The BCMR Medical Consultant evaluation is at Exhibit C.

AFPC/DPPD recommends denial.  DPPD states at no time  during  the  discharge
process did the applicant request an extension to his  date  of  separation.
On 30 Mar 04, he concurred with the FPEB findings.  He  was  provided  leave
information and issued a retirement order with a permanent disability.   The
preponderance  of  evidence  reflects  no  error  or  injustice  during  the
disability process.

The DPPD evaluation is at Exhibit D.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he is attempting to change his record to show he  completed
20 years of service so that he will meet  the  eligibility  requirements  to
apply for benefits under the Combat Related  Special  Compensation  program.
He was not briefed that he  could  request  an  extension  of  his  date  of
separation or about any of his options during the retirement process.

His complete response is at Exhibit F.

_________________________________________________________________

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,  the
majority of the Board agrees with the opinion and recommendation of the  Air
Force office of primary responsibility  and  adopts  its  rationale  as  the
basis for their conclusion that the applicant has not been the victim of  an
error or injustice.  Therefore, in the absence of evidence to the  contrary,
the majority of the Board finds no compelling basis  to  recommend  granting
the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

The majority of the panel finds insufficient evidence of error or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2005-00545
in Executive Session on 25 October 2006  and  28 November  2006,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. James R. Russell III, Member
      Mr. Michael V. Barbino, Member

By a majority  vote,  the  Board  recommended  denial  of  the  application.
However, Mr. Markiewicz  voted  to  grant.   He  noted  that  the  applicant
disagreed with the findings of the IPEB,  and  eventually  agreed  with  the
findings of the FPEB.  Mr. Markiewicz states the applicant had options  that
would have permitted him to complete the  20  years,  including  disagreeing
with the 50% the FPEB came up with, for the time  it  would  have  taken  to
appeal  that  finding  would  have  possibly  put   him   over   20   years.
Mr. Markiewicz thinks this is the kind of issue Congress wants the Board  to
resolve favorably--vice special bills, but he  did  not  wish  to  submit  a
minority report.  The  following  documentary  evidence  pertaining  to  was
considered:

    Exhibit A.  DD Form 149, dated 10 Feb 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 2 May 06.
    Exhibit D.  Letter, HQ AFPC/DPPD, dated 22 May 06, w/atch.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Aug 06.
    Exhibit F.  Letter, Applicant, dated 13 Aug 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR  BC-2005-00545





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY RECORDS
(AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXXXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  The majority found that applicant had
not provided sufficient evidence of error or injustice and recommended the
case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency