RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03391
COUNSEL: AMERICAN LEGION
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her retirement date be changed to 30 Jun 97 rather than 31 Jan 97 to
reflect she completed 20 years of active service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She believes her chain of command did not follow the proper procedure for
her discharge. She also believes she was not given credit for the days she
was allowed to take permissive temporary duty (PTDY) and annual leave.
In support of her application, applicant provides documents extracted from
her military medical and Department of Veterans Affairs (DVA) records.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 19 Dec 77, the applicant contracted her initial enlistment in the
Regular Air Force.
The applicant was notified of her ineligibility to reenlist and that she
could request an extension of her Date of Separation (DOS) to achieve
retirement. She submitted a request for a four month extension of her
current enlistment; and on 5 Aug 96, her request for an extension was
approved. Her new DOS was 3 Jun 97.
On 30 Jan 97, she was hospitalized for a large right sided stroke. On 31
Jan 97, the applicant met an emergency Medical Evaluation Board (MEB). The
MEB forwarded the case to the Informal Physical Evaluation Board (IPEB) due
to the determination that death could be imminent within 72 hours. The
IPEB found the applicant unfit and recommended placement on the Temporary
Disability Retired List (TDRL), with a 100 percent disability rating. She
was deemed incompetent for pay and records, and her spouse was briefed on
the process, and requested expeditious processing for retirement. The
applicant was placed on the TDRL with a 100 percent disability rating on 31
Jan 97.
The IPEB re-evaluated the applicant on 12 Jan 98 and recommended permanent
retirement with a 40 percent disability rating. On 23 Jun 98, she
nonconcurred with the recommendation of the IPEB and requested a hearing
with the Formal Physical Evaluation Board (FPEB). On 19 Aug 98, the FPEB
reviewed the case and recommended permanent disability retirement with an
80 percent disability rating. On 16 Sep 98, she concurred with the
findings of the FPEB. She was removed from the TDRL and permanently
retired with a disability rating of 80 percent. She served 19 years, 8
months and 15 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. If the applicant’s medical board had been
worked under the normal process rather than as a possible imminent death,
she would have received a total of 40 additional days-20 days of PTDY and
20 days of outprocessing time. She sold back the maximum of 60 days of
leave. However, these additional days would not have provided her with 20
years of active service at the time of her separation date.
AFPC/DPSD's complete 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 19 Nov
10 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
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 an error or injustice. The applicant’s contentions are duly
noted; 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 the applicant has failed to sustain her burden of proof
of the existence of either an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no 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-2010-
03391 in Executive Session on 10 Mar 11, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 27 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 2 Nov 10.
Exhibit D. Letter, SAF/MRBR, dated 19 Nov 10.
Panel Chair
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