RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02970
		INDEX CODE:  135.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

She be awarded retirement points for the last 4 years and 4 months (Retirement Years Ending 22 Jul 98, 22 Jul 99, 22 Jul 00 and 22 Jul 01).

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APPLICANT CONTENDS THAT:

She was placed on T-4 status for 4 years and 4 months to determine if she had asthma.  She says she did not and that the normal time to stay in T-4 is 1 year.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Based on available records, the applicant served from 10 May 1968 to 14 May 1969 on active duty.  She was in civilian status from 15 May 1969 to 22 July 1980.

On 25 April 1987, the applicant enlisted in the Air Force Reserve for a period of six years.  She was promoted to the grade of technical sergeant (TSgt/E-6) with an effective date and date of rank of 1 May 1987.

The applicant was deployed in support of Operation Desert Shield/Storm from 2 January 1991 to 12 April 1991.  She was given credit for 2 months and 15 days of foreign service. 

She entered her last enlistment on 8 Jun 01, for a period of six years.  Her current Date of Separation/Expiration Term of Service (DOS/ETS) is 7 Jun 07.

AF Form 422, Physical Profile Serial Report, dated 2 Nov 96, reflects that the applicant was medically disqualified for worldwide duty, effective 2 Nov 96, rendering her ineligible for pay and/or points.  On 1 Feb 01, she was found medically qualified for worldwide duty; however, permanently disqualified from flying duty.  

The Air Force has indicated that the applicant has received incapacitation pay for the period 2 Nov 96 through 1 May 97.  She currently has an extension request for incapacitation pay into SAF for the subsequent period of 2 May 97 through 31 Jan 01.  

Her points history reflects that for Retirement Year Ending (RYE) 22 Jul 98, she was credited with 15 retirements points; 15 retirement points for RYE 22 Jul 99; 19 retirement points for RYE 22 Jul 00; and 27 retirements points for RYE 22 Jul 01.  All four periods of service were unsatisfactory towards retirement.

She has completed a total of 17 years, and 5 days of satisfactory Federal service as of her Retirement Year Ending (RYE) 22 July 2002.

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AIR FORCE EVALUATION:

HQ AFRC/DPM reviewed this application and recommended denial.  They state the applicant was medically disqualified for worldwide duty rendering her ineligible to participate.  A member being cleared for military duty does not retroactively constitute grounds for award of pay and points.  She has received incapacitation pay from 2 November 1996 – 1 May 1997 (which was approved 17 April 2002).  The applicant currently has a request for an extension of her incapacitation pay for the subsequent period of 2 May 97 – 31 Jan 2001.  In accordance with AFRCI 36-3004, a member receiving incapacitation pay may not receive retirement points for the same timeframe.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 September 2002 for review and comment within 30 days.  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.  The applicant has not 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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered in AFBCMR Docket Number 01-02970 Executive Session on 6 February 2003, under the provisions of AFI 36-2603:

	Vice Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Oct 01. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFRC/DPM, dated 29 Aug 02.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Sep 02.