RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-03631
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE

                                   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 28 MAY 2008

______________________________________________________________

APPLICANT REQUESTS THAT:

Her discharge be changed from an “honorable” to a “medical” discharge.

________________________________________________________________

APPLICANT CONTENDS THAT:

When she entered the United States Air Force Reserves (USAFR)  it  was  her
intention  to  serve  six   years;   however,   because   of   a   physical
disqualification, she was discharged. While taking a  routine  physical  it
was discovered she was taking a prescribed  anti-depressant  that  was  not
allowed for use by military personnel.  The medical counselor asked if  she
would consider not using the drug.  Following the visit  with  the  medical
counselor, she discussed her options with the physician who prescribed  the
medicine. The Physician advised her not to stop taking the  medication  due
to her obvious decrease in depression.  Months later she was diagnosed with
menorrhagia which causes fatigue, anemia and excessive lower-abdominal pain
during her menstrual periods. She discussed her illness with her supervisor
and first sergeant who felt she would be a liability to the squadron if she
was activated for a deployment.  Months later, her first sergeant faxed  an
order stating she was being discharged  for  a  physical  disqualification;
however, it was characterized as “honorable”  instead  of  “medical”.   She
continued to claim and receive Montgomery GI Bill (MGIB)  benefits  because
her first sergeant indicated she would receive the benefits considering she
was being medically  discharged.  Shortly  thereafter,  the  Department  of
Veterans Affairs (DVA) indicated she was no longer entitled to receive  the
MGIB benefits and must repay the benefits she received after  18  May  2005
since she did not complete the entire six year enlistment period.  As such,
the error with her discharge status caused her to be responsible for paying
$2596.06 for benefits received after her discharge.

In support of her request, she submits a personal letter, special order  A-
233, a DVA debtnes letter, DD Form 4, Enlistment/Reenlistment Document  and
excerpts from her medical records.

Her complete submission with attachments is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Data extracted  from  the  Personnel  Data  System  reflect  the  applicant
enlisted in the USAFR for six  years.   On  18  October  2004  an  Informal
Physical Evaluation Board (IPEB) found her unfit to perform the  duties  of
her office because of a history of depression requiring antidepressants and
dysfunctional uterine bleeding.  On 28 March 2005, the Air  Force  Reserves
directed she be separated from the USAFR with an honorable discharge for  a
physical disqualification.  On 18 May 2005, she was honorably discharged in
the grade of senior airman for a physical disqualification.

________________________________________________________________

AIR FORCE EVALUATION:

The AFRC/A1B recommends denial.  A1B states the applicant unfortunately  is
not eligible to receive MGIB  benefits  after  separating  from  the  USAFR
because she did not receive a disability discharge and did not fulfill  her
six year military obligation.  Instead she separated from the  USAFR  under
AFI 36-3209, Retirement and Separation Procedures for  Air  National  Guard
and Air Force Reserve Members, paragraph 3.14,  physical  disqualification.
Members, such as the applicant are separated under AFI  36-3209;  paragraph
3.14, when the appropriate surgeon finds a  member  medically  disqualified
for continued  military  service  and  the  member  is  not  qualified  for
disability separation.  In addition, she should have been  aware  that  she
was not eligible for receipt of MGIB  benefits  based  on  the  information
contained on the DD Form 2384-1, Notice of Basic Eligibility.  This form is
completed by members after completing basic and  technical  training.   The
form states, in part, that basic eligibility for receipt of  MGIB  benefits
depend upon completion of the six year term in the Selected Reserve and the
eligibility for receipt of MGIB benefits are  terminated  on  the  date  of
separation from the Selected Reserve except for those members separated for
disability.  In addition, A1B recommends the relief sought by the applicant
not be  granted  because  she  did  not  receive  a  disability  discharge.
However, A1B recommends the Board direct the DVA, Debt Management Center to
relieve the applicant of her MGIB debt, if the Board decides to do so.

The complete A1B evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  26
January 2007 for review and comment within 30 days.  As of this date,  this
office has received no response (Exhibit D).

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice warranting some relief.   In  this  respect,
the applicant contends that upon her separation from the Air Force  Reserves
she was advised that because she was being separated  for  medical  reasons,
she would be entitled to continue using her MGIB benefits.  Service  members
who do not complete the required term of service and are separated from  the
services by reason of a physical disability are entitled to  MGIB  benefits,
under current DVA guidance.  However, the applicant  was  not  separated  by
reason   of   a   physical   disability,   but   because   of   a   physical
disqualification, which does not entitle her to MGIB benefits.   Because  of
the miscommunication, the applicant continued using  her  MGIB  benefits  in
error and a debt was incurred.  In addition,  unlike  active  duty  members,
eligibility for MGIB benefits for Reserve members is determined by  the  Air
Force Reserve and reported to the DVA.  Apparently,  her  ineligibility  was
not reported to the DVA in a timely manner.  Accordingly, it is our  opinion
that since the debt she incurred appears to be through no fault of her  own,
corrective action is warranted.  The  applicant  requests  as  a  corrective
measure her records be changed to reflect that she was separated  by  reason
of a physical disability.  We considered her proposal; however, since  doing
so would result in inappropriate windfalls  to  the  applicant,  we  do  not
believe approval of her request in that manner would  be  justifiable.   The
Air Force Reserve Command has suggested the Board  direct  the  DVA  relieve
her of the debt.  However, under Title 10, USC, the authority of this  Board
is limited to the correction of Air Force records and  DVA  records  do  not
fall within our jurisdiction.  In an effort to  afford  the  applicant  full
yet fair relief, we resorted to a "creative"  form  of  records  correction.
Pursuant  to  our  request,  the  Defense  Finance  and  Accounting  Service
computed the amount of additional active/inactive duty training  points  she
could be credited with during her  final  retention/retirement  year,  which
would equate to the  dollar  value  of  her  indebtedness.   Correcting  her
records accordingly would afford the applicant full  and  fair  compensation
for the debt she has incurred  without  the  adverse  effect  of  either  an
offset or a windfall.  Therefore, we recommend her records be  corrected  to
the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that she was credited with an  additional
25  active  duty  training  points  and  32   inactive   duty   points   for
retention/retirement year 29 February 2004 through 18 May 2005.

________________________________________________________________

The following members of the Board considered  BC-2006-03631  in  Executive
Session on 28 February 2007, under the provisions of AFI 36-2603:

                 Ms. Jay H. Jordan, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Barbara R. Murray, Member

All members voted to correct the records, as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 October 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  HQ AFRC/A1B Letter, dated 16 January 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 26 January 2007.




            JAY H. JORDAN
            Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office Of The Assistant Secretary

AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002

XXXXXXX
XXXXXXX
XXXXXXX

XXXXXXX

      Reference your application, AFBCMR Docket Number BC-2006-03631,
submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC).

      The Board determined that the military records should be corrected as
set forth in the attached copy of a Memorandum for the Chief of Staff
United States Air Force.  The office responsible for making the correction
will inform you when your records have been changed.

      After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and Accounting
Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful
checking of finance records.  It may also be necessary for the DFAS-DE to
communicate directly with you to obtain additional information to ensure
the proper settlement of your claim.  Because of the number and complexity
of claims workload, you should expect some delay.  We assure you, however,
that every effort will be made to conclude this matter at the earliest
practical date.




                       GREGORY E.  JOHNSON
                       Chief Examiner
                       Air Force Board for Correction
                       of Military Records


Attachment:
1.  Record of Proceedings
2.  Copy of Directive

cc:
DFAS-DE



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office Of The Assistant Secretary


AFBCMR 2006-03631




MEMORANDUM FOR THE CHIEF OF STAFF

      Under the authority of Section 1552, Title 10, United States Code,
and Air Force Instruction 36-2603, and having assured compliance with the
provisions of the above regulation, the decision of the Air Force Board for
Correction of Military Records is announced, and it is directed that:

      The pertinent military records of the  Department  of  the  Air  Force
relating to XXXXXXX, XXXXXXX, be corrected to show  that  she  was  credited
with an additional 25 active duty  training  points  and  32  inactive  duty
points for retention/retirement year 29 February 2004 through 18 May 2005.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency