RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02675
            INDEX NUMBER:  145.00
            COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  5 APR 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to show she served a total of 20 years active  duty
service vice 19 years, 10 months and 23 days.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She needs 45 days added to her active duty service to become eligible for  a
20-year retirement.

In support of her request, the applicant submits a  copy  of  Special  Order
Number ACD-1609 and a copy of her DD Form 214,  Certificate  of  Release  or
Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air  Force  on  14 December  1978,  for  a
period of four years.  She was referred for a Medical  Evaluation  Board  in
May 1997, for History of  Stroke,  Cognitive  Disorder,  Depressive  Affect,
Hypertension, and Abnormal MRI.

On 24 June 1997, the Informal Physical Evaluation  Board  (IPEB)  considered
her case and rated  her  occupational  impairment  at  30%.   The  applicant
disagreed with the findings and recommended  disposition  of  the  IPEB  and
requested a  formal  hearing.   The  IPEB  found  her  unfit  for  continued
military service  and  recommended  disability  retirement  at  30%.   On  6
November 1997, the applicant was relieved from active  duty  and  placed  on
the Temporary Disability Retired List (TDRL) effective 7 November 1997.   On
19 June 1999, while on the TDRL, the applicant waived her  earlier  election
to demand a Formal Hearing and concurred  with  the  IPEB’s  recommendations
and findings.  Her waiver request was approved on  18  June  1999,  and  her
permanent disability retirement order was published on 24  June  1999.   She
was removed from the TDRL  and  permanently  disability  retired  under  the
provisions of Title  10  USC  1201  effective  14  July  1999,  with  a  30%
disability rating.  She served a total of 19 years, 10 months  and  23  days
of active duty service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPD recommends denial.  DPPD states  in  part,  the  preponderance  of
evidence reflects that no error or injustice occurred during the  disability
process nor at the time of separation.  Proper documentation  was  noted  on
her DD Form 214 on the number of years served on active duty  in  accordance
with provisions of 10 USC 1201.

The DPPD evaluation, with attachments, is at Exhibit C.

AFPC/DPPRRP recommends denial.  DPPRRP states in part,  time  spent  on  the
TDRL does not count as active service for retirement, even though  a  member
may be later found to be fit for duty by a  Physical  Evaluation  Board  and
returned to active duty.  As indicated on the applicant’s DD Form  214,  her
active service for retirement is 19 years, 10 months and 23 days.   The  law
clearly states that, to retire under title 10 USC 8914, the  applicant  must
have at least 20 years of active service.  All documentation  indicates  she
has 19 years, 10 months, and 23 days of active service that is  insufficient
to retire under 10 USC 8914.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the applicant on 6
Oct 06, for review and comment within 30 days.  As of this date, no
response has been received by this office.

_________________________________________________________________

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.  Evidence has  not  been  presented  which
would lead us to believe that  her  disability  retirement  and  the  final
disposition of her case were in error or  contrary  to  the  governing  Air
Force Instructions which implements the law.  In this respect, we note, the
law states, to retire under Title 10 USC 8914, a person must have at  least
20 years of active service.  The evidence of record shows the applicant has
19 years, 10 months, and 23 days of active service, which  is  insufficient
to retire under Title 10 USC 8914.  In regard to the applicant’s request to
change her service for basic pay to reflect 20 years, 2 months and 11 days,
rather than 20 years 1 month and 11 days, the Board acknowledges her record
was administratively corrected to reflect this change  on  4 January  1999.
Therefore, we agree with the opinions and recommendations of the Air  Force
office of primary responsibility and adopt their rationale as the basis for
our conclusion that the applicant has not been the victim of  an  error  or
injustice.  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 this application  in Executive
Session on 12 December 2006, under the provisions of AFI 36-2603:

            Mr. John B. Hennessey, Panel Chair
            Ms. Patricia R. Collins, Member
            Ms. Teri G. Spoutz, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2006-02675:

      Exhibit A.  DD Form 149, dated 29 Aug 06, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPD, dated 15 Sep 06, w/atchs.
      Exhibit D.  Letter, AFPC/DPPRRP, dated 21 Sep 06, w/atchs.
      Exhibit E.  Letter, SAF/MRBR, dated 6 Oct 06.




               JOHN B. HENNESSEY
               Panel Chair