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AF | BCMR | CY2006 | BC-2006-00117
Original file (BC-2006-00117.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00117

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 JUL 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  records  be  corrected  to  reflect  her  eligibility  for   Concurrent
Retirement and Disability Payment (CRDP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She took her oath of office and became a member of the Air Force on  29  Mar
63, which would credit her with over 20 years of  service  for  purposes  of
qualifying her for the CRDP.

In support of her appeal, the applicant provides  a  copy  of  AF Form  133,
Oath of Office (Military Personnel).

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records indicate she was appointed  a  second
lieutenant, Reserve of the Air Force, on 29  Mar  63,  and  was  voluntarily
ordered to extended active duty on 22 Aug 63.

On 24 May 83, a Medical Evaluation Board (MEB) convened  and  established  a
diagnosis of recurrent L5 radiculopathy on the left  secondary  to  epidural
scarring of the L5 nerve root.  The MEB recommended the applicant’s case  be
forwarded to a Physical Evaluation Board (PEB).

On 2 Jun 83, an Informal  Physical  Evaluation  Board  (IPEB)  convened  and
established a diagnosis of recurrent L5 radiculopathy on the left  secondary
to epidural scarring of the L5 nerve root, status post Apr  82  and  Feb  83
lumbar laminectomies.  The IPEB  recommended  temporary  retirement  of  the
applicant with a compensable disability rating of 40 percent.

On 14 Jun 83,  the  applicant  agreed  with  the  findings  and  recommended
disposition of the IPEB.

On 25 Jul 83, the applicant was relieved from active duty and, effective  26
Jul 83, her name  was  placed  on  the  Temporary  Disability  Retired  List
(TDRL).  She was credited with 19 years, 11 months, and  4  days  of  active
service for retirement, and 20 years, 3 months, and 27 days for basic pay.

By Special Order ACD-988, dated 31 Mar 86, the applicant’s name was  removed
from the TDRL  and  she  was  permanently  retired  by  reason  of  physical
disability in the grade of major, with a compensable  disability  rating  of
40 percent.

_________________________________________________________________

AIR FORCE EVALUATION:

The Defense Finance  and  Accounting  Service  (DFAS-RPB-TQAL/CL)  indicated
that under the CRDP, an eligible disability retiree  is  defined  as  having
(a) at least 20 years of service computed under 10  USC  1405;  or,  (b)  at
least 20 years of service computed under 10 USC 12732.   Unless  it  can  be
established that the applicant performed an additional 26  years  of  active
service, or that she has completed 20 years of qualifying service  under  10
12732 and is age 60, she has no entitlement to the CRDP.

A complete copy of the DFAS-RPB-TQAL/CL evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response  indicating
she has provided proof that she  had  20  plus  years  of  service  for  pay
purposes, and she believes she should be eligible  for  CRDP.   It  is  only
fair that she receive this extra pay as she did not leave  active  duty  for
any other reason than  her  sustaining  back  injuries  which  were  service
related.

Applicant’s complete response is 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.  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 opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or injustice.   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-2006-00117
in Executive Session on 9 May 2006, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Mary C. Puckett, Member
                       Mr. Steven A. Cantrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jan 06, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, DFAS, dated 6 Mar 06.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Mar 06.
    Exhibit E.  Letter, Applicant, dated 13 Mar 06, w/atch.




                                   JAMES W. RUSSELL, III
                                   Panel Chair

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