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AF | BCMR | CY2006 | bc-2006-02406
Original file (bc-2006-02406.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02406
            INDEX CODE:  135.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  14 FEB 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His service time be corrected to show that he completed 20 years of
active service.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was forced to get out early instead of being allowed to complete
20 years of active service.  He was medically retired  against  his
will, six months prior to qualifying for a 20-year retirement.   He
was discharged due to an uncontrollable bi-polar disorder and  Post
Traumatic Stress Disorder (PTSD) service-connected disabilities.

In support of  his  appeal,  applicant  submitted  a  copy  of  his
DD Form 214, Certificate of Release or Discharge from Active  Duty,
dated 21 Apr 05;  his  retirement  order,  SO  –  ACD-00307,  dated
7 Feb 05, and extracts from his military medical records.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 25 Oct 85.   He  was
progressively promoted to the grade of technical  sergeant  with  a
date of rank of 1 Dec 99.

On  13  January  05,  the  member   concurred   with   the   IPEB’s
recommendation of permanent disability retirement with a 30 percent
rating.  On 27 January 05 the member's  military  personnel  flight
was notified of the impending  retirement  action  and  to  provide
leave information required  to  issue  the  retirement  order.   On
7 February 05, DAFSO ACD-00307 was issued retiring the member  with
a  permanent  disability  effective  22  April  05.   He  completed
19 years, 5 months, and 27 days of active military service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPD reviewed  this  application  and  recommended  denial,
stating, in part, that the preponderance of the  evidence  reflects
that no injustice occurred during the  disability  process  and  at
time  of  separation.   Proper  documentation  was  noted  on   the
DD Form 214 on number of years served on active duty in  accordance
with the provisions of 10 USC 1201.

Per AFI-36-3212, Section 5.19., establishes  disability  separation
and retirement dates as follows:

Paragraph 5.19.3.1., for members serving at CONUS  locations,  date
of separation or retirement will be established as  40  days,  from
date of Secretary of the Air Force (SAF) Memorandum  approving  the
separation or retirement and any leave they cannot sell.

Para 5.19.4.,  states  HQ  AFPC/DPPD  has  authority  to  make  the
following exceptions:

Para  5.19.4.3.,  Hardship,  HQ  AFPC/DPPD  may   approve   limited
extensions, normally not to exceed 30  days,  in  cases  where  the
member is facing an unusual personal hardship over and  above  that
encountered by  other  members  being  retired  or  discharged  for
disability.  Submit requests for extension  through  MPF  personnel
relocation channels.

At no time during the discharge process did the member  request  an
extension to his date of separation.

HQ AFPC/DPPD’s complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he  was  not  at  all  familiar  with  normal
retirements and  certainly  not  medical  ones.   At  the  time  of
separation, and to date, he does not recall ever being informed  or
fully briefed of his options for an extension by certain  personnel
in his medical unit.

Applicant’s complete response, with attachments, 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.  The applicant requests his service time be corrected to show
that he completed 20 years of active service.  However, we found no
evidence which would  lead  us  to  believe  that  the  applicant's
medical retirement or  his  creditable  service  was  in  error  or
contrary to the governing Air Force instructions.  The  applicant’s
case has undergone an exhaustive review by the Air Force and  there
is nothing in the evidence provided by  the  applicant  that  would
overcome its assessment of the case.  Therefore, we agree with  the
recommendation 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.   In  the
absence  of  persuasive  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 AFBCMR Docket  Number
BC-2006-02406 in Executive Session on 15 November 2006,  under  the
provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 18 Aug 06.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Sep 06.
    Exhibit E.  Letter, Applicant, dated 1 Oct 06, w/atchs.




                                   B. J. WHITE-OLSON
                                   Panel Chair

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