ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-03076
		INDEX CODE:  128.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She receive back pay and allowances for the period 21 Jun 05 
through 28 Aug 07.

_________________________________________________________________

RESUME OF CASE:

Applicant enlisted with the Air Force Reserve (AFR) on 
25 September 1986 as a traditional Reservist.  She was 
progressively promoted to the grade of technical sergeant with a 
date of rank (DOR) of 1 March 2002.  She was involuntarily 
called to active duty on 3 April 2003.  She reported to the 
clinic on 10 April 2003 indicating she hurt her back upon 
pushing a pallet.  For a full accounting of her subsequent 
medical complaints and eventual mental health screenings and 
results, see the AFBCMR Medical Consultant’s advisory at 
attachment B.

In October 2005, she applied to the BCMR requesting that she be 
permanently disability retired with a compensable percentage for 
physical disability of no less than 50 percent.  In February 
2007, her application was administratively closed upon request 
of counsel after receipt of the BCMR Medical Consultant’s 
opinion.  

On 27 March 2008, counsel requested the AFBCMR reopen the 
applicant’s case albeit with a modified request for relief.  
Counsel noted that in the intervening months, the applicant 
received that which she originally applied to the AFBCMR for:  
Effective 28 August 2007, she was permanently disability retired 
with a compensable percentage for physical disability of 
50 percent.  However, upon reopening her case, she modified her 
application and requested the Board consider backdating her 
retirement effective date from 28 Aug 07 to one of two dates 
specified by counsel as appropriate alternatives.  The 
alternative dates proffered by counsel include 20 December 2004, 
a date associated with her original FPEB hearing and “June of 
2005”, a date somewhat associated with the Secretary’s 
recommendation that her case be reevaluated.  

On 19 June 2008, the Board considered her modified request for 
relief and denied her petition on the basis that she had failed 
to sustain her burden of having suffered either an error or 
injustice.  

In her March 2009 request for reconsideration, she has again 
modified her request for relief stating she did not agree with 
her attorney’s March 2008 letter requesting the Board change her 
disability retirement date from 28 Aug 07 to 20 Dec 2004.  
Instead, she asks the Board to consider granting her all pay and 
allowances from 21 June 2005 to 28 August 2007; the period of 
time between the date she was demobilized and the date she was 
disability retired.

The applicant's complete submission, with attachments, is at 
Exhibit G. 

_________________________________________________________________

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 can find no basis with which to approve her 
request.  No evidence has been presented that would indicate she 
was not paid for any periods of service that she completed within 
the time frame indicated.  Nor has sufficient evidence been 
presented to show she is entitled to any pay and allowances above 
that which she has already received.  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-2005-03076 in Executive Session on 26 August 2010, under the 
provisions of AFI 36-2603:



	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit G.  Applicant, Letter, dated 19 Mar 09,
				 with Exhibits A through F





                                   
                                   Panel Chair