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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