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AF | BCMR | CY2007 | BC-2005-03051
Original file (BC-2005-03051.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03051
            INDEX CODE:  110.01

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Forty days of active service credit be added to his record to increase
his total active service time to reflect 20 years of service, enabling
him  to  receive  regular  retirement  pay  under  concurrent  receipt
provisions.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1992, while serving on active duty, he suffered a stroke.  Although
he was only 40 days from a 20-year retirement he was discharged  on  5
January 1993 and placed  on  the  Temporary  Disability  Retired  List
(TDRL).  In 1994, he was removed from  the  TDRL  and  placed  on  the
Permanent DRL  (PDRL).   At  that  time  there  was  no  law  granting
concurrent receipt.  He served honorably in the  Air  Force  for  well
over 19 years and would have qualified for a regular retirement if not
for his illness.  He is unable to care for himself.   His  wife  works
outside the home and provides care for him.  His service for pay is 20
years, 3 months, and 25 days.  40 days of the time he  has  for  basic
pay should be  used  to  increase  his  constructive  service  credit.
Granting 40 days service credit would correct this injustice.

In support of his appeal, the  applicant  has  provided  copies  of  a
personal  statement,  legal  documents,  his  DD  Form  214,  enlisted
performance reports, and several pertinent copies  of  his  disability
retirement documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on 11 September  1972  and
enlisted in the Regular  Air  Force  on  15  February  1973.   He  was
progressively promoted to the grade of master sergeant (MSgt).   On  6
January 1993, he was placed on the TDRL  after  experiencing  multiple
strokes.  He remained on the TDRL  until  10 July  1994  when  he  was
removed from the TDRL and permanently retired with a disability rating
of 100%.  His total service for pay is 20  years,  3  months,  and  25
days.  His total service towards retirement is 19  years,  10  months,
and 20 days.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRRP recommends denial.  DPPRRP notes time spent on the TDRL
is  not  creditable  service  towards  retirement.   They   note   the
applicant’s total service under 10 United States Code (U.S.C.) Chapter
61 Section 1201 (b)(3)(B) is 19 years, 10 months, and 21 days.  He has
provided no evidence of additional active duty after 10 July 1994.

DPPRRP’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4
November 2005 for review and comment.  He withdrew his case from Board
consideration on 13 December 2005 until further notice.  On 4 February
2007, he asked that his case be  reopened.   As  of  this  date,  this
office has received no further input from the applicant.

_________________________________________________________________

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.  Time spent on the TDRL is not creditable  towards
retirement and he was not able to provide any evidence that he had any
more  time  than  the  Air  Force  contends  he  has  earned   towards
retirement.  His concurrence with the findings of  the  PEB  finalized
his active service at 19  years,  10  months  and  21  days.   However
unfortunate, in the absence of evidence to the contrary,  we  find  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(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2005-03051 in Executive Session on 1 March 2007, under the  provisions
of AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Alan A. Blomgren, Member
      Ms. Kathleen B. O’Sullivan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Sep 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPRRP, dated 18 Oct 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Nov 05.




                                   LAURENCE M. GRONER
                                   Panel Chair

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