RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00029
            INDEX CODE:  110.03

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  3 JUL 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty,
be changed to show she served a full 20 years of active  service;  or,
she be reinstated back into the  military  to  complete  20  years  of
service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her name was erroneously placed on the  Temporary  Disability  Retired
List (TDRL) and  she  was  medically  retired  due  to  administrative
errors.

She was found unfit for duty based solely on her  laboratory  evidence
of Human Immunodeficiency Virus (HIV) infection  and  not  by  fitness
determination as required by applicable Department  of  Defense  (DoD)
Directives and Air Force Instructions.

In  support  of  her  appeal,  the  applicant  provided  an   expanded
statement, and extracts from her military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 Jun 81 for a  period
of four years in the grade of airman first class.

On 20 Jan 00, a  Medical  Evaluation  Board  (MEB)  convened  and  the
applicant was diagnosed with HIV associated syndrome WR (Walter
Reed) indeterminate cluster of differentiation 4-14 (CD4-14).  The MEB
recommended the applicant be returned to duty.

On 10 Feb 00, an Informal Physical Evaluation  Board  (IPEB)  convened
and diagnosed the applicant with HIV associated syndrome,  CD4-14,  WR
indeterminate.   According  to  the  IPEB,  the  applicant’s   medical
condition was not compatible with  the  rigors  of  military  service.
Therefore, the IPEB found the applicant  unfit  for  further  military
service and recommended she be temporarily retired with a  compensable
disability rating of 30 percent.

On 23 Feb 00, the applicant agreed with the findings  and  recommended
disposition of the IPEB.

On 26 Apr 00,  the  applicant  was  relieved  from  active  duty  and,
effective 27 Apr 00, her name was placed on the TDRL in the  grade  of
senior master sergeant (SMSgt).  She was credited  with  18 years,  10
months, and 9 days of active service.  She was reevaluated  and  on  6
Jul 01, the IPEB  convened  and  diagnosed  her  with  HIV  associated
syndrome, Centers for Disease Control (CDC) Acquired Immune Deficiency
Syndrome (AIDS) 3B (WR  4B),  CD4  Count  184.   The  IPEB  noted  the
applicant’s medical condition, which was not likely to change over the
next several years,  prevented  her  from  reasonably  performing  the
duties of her office, grade, rank  or  rating.   Therefore,  the  IPEB
found the applicant unfit and recommended she be  permanently  retired
with a compensable disability rating  of  30  percent.   She  did  not
concur with the findings and recommended disposition of the  IPEB  and
submitted a written rebuttal in lieu of a formal hearing.

On 28 Aug 01, under the authority delegated by the  Secretary  of  the
Air Force (SAF), the Secretary of  the  Air  Force  Personnel  Council
(SAF/MRBP) directed the applicant’s name be removed from the TDRL  and
she be permanently retired with a compensable disability rating of  30
percent.

On 10 Oct 01, the applicant’s name was removed from the TDRL  and  she
was permanently retired in the  grade  of  SMSgt  with  a  compensable
disability rating of 30 percent.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial indicating the  applicant’s  DD  Form  214
could not be amended or changed to reflect that she was discharged  on
a later date to reflect twenty years of active  service.   Because  of
the applicant’s unfitting medical conditions, the IPEB would not  have
been able to recommend her return to duty from the TDRL.  According to
AFPC/DPPD, to change or  amend  the  applicant’s  DD  Form  214  would
violate Air Force Instructions and is not authorized.

A complete copy of the AFPC/DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  detailed
response indicating, in part, that the MEB and the IPEB did not follow
proper procedures  and  medical  protocol  according  to  regulations,
thereby rendering a career-ending decision.  From  the  time  she  was
referred to the Disability  Evaluation  System  (DES)  until  she  was
permanently retired, a series of errors took  place,  which  caused  a
domino  effect.   Not  only  was  she  not  given  due  process,   and
prematurely retired, she was not given the proper  disability  rating.
The Air Force did not have all the laboratory results that were needed
to make the proper decision.  Because of the Air Force’s carelessness,
she was not properly counseled and was not given  the  opportunity  to
have  her   supervisors   and   commanders   to   write   letters   of
recommendations on her behalf.  Her record speaks for itself.  She was
an outstanding performer and should  have  received  a  fit  for  duty
determination with limited assignment and  been  allowed  to  stay  on
active duty until she completed 20 years of service or longer.

Applicant’s complete response, with attachment, 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 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.   The  applicant's  complete
submission was thoroughly  reviewed  and  her  contentions  were  duly
noted.   However,  we  do  not  find  the  applicant’s  uncorroborated
assertions and the documentation presented in support  of  her  appeal
sufficiently persuasive to  convince  us  that  corrective  action  is
warranted.   The  evidence  of  record  indicates  the  applicant  was
diagnosed by an IPEB with HIV associated syndrome.  The IPEB  did  not
believe her medical  condition  was  compatible  with  the  rigors  of
military service and found her unfit for further military service.  As
a result, the  IPEB  recommend  she  be  temporarily  retired  with  a
compensable rating of 30  percent.   The  applicant  agreed  with  the
findings and recommended disposition of the IPEB and she was  relieved
from active duty and her name was placed on the TDRL, with  18  years,
10 months, and 9 days of active service.   She  was  subsequently  re-
evaluated by an IPEB and was diagnosed with AIDS.  The IPEB noted  the
applicant’s medical condition was unlikely to  change  over  the  next
several years, precluding her from reasonably performing the duties of
her office, grade, rank, or rating.  Therefore,  the  IPEB  found  her
unfit and recommended she be permanently retired  with  a  compensable
disability rating of 30 percent.  The  applicant  did  not  agree  and
submitted a rebuttal in lieu of a formal hearing which was  considered
by SAF/MRBP.  Under its delegated authority by the  Secretary  of  the
Air Force, SAF/MRBP directed the applicant’s name be removed from  the
TDRL and she be  permanently  retired  with  a  disability  rating  of
30 percent.  After a thorough review of the facts and circumstances of
this case, we find no evidence which shows  to  our  satisfaction  the
applicant   was   improperly   evaluated,    erroneously    diagnosed,
inappropriately rated, and prematurely retired by reason  of  physical
disability.   In  view  of  the  foregoing,  and  in  the  absence  of
sufficient evidence to the contrary, we  conclude  the  applicant  has
failed to sustain her burden of establishing she has  suffered  either
an error or an injustice.  Accordingly, 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   issues   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  this  application  in
Executive Session on 25 Oct 07, under the provisions of AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Ms. Karen A. Holloman, Member
      Mr. Wallace F. Beard, Jr., Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2007-00029 was considered:

    Exhibit A.  DD Form 149, dated 30 Dec 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 13 Mar 07.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Apr 07.
    Exhibit E.  Letter, applicant, undated, w/atch.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair