RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00569 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: She be reinstated to active duty for ten months in order to complete 20 years for retirement or her records be corrected to reflect she served on active duty for 20 years for retirement. APPLICANT CONTENDS THAT: She appeared before the Formal Physical Evaluation Board (FPEB) to request a temporary assignment that would allow her to obtain 20 years active duty service prior to being medically retired. Her commander was willing to allow her to stay on because of her leadership and administrative skills. She informed her assigned FPEB attorney that four agencies calculated her total active federal military service (TAFMS) as 19 years, 2 months, and 26 days. However, her AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, indicate the Title 10 United States Code (USC) Section 1208, service time was calculated at 20.33. She asked multiple times for this to be investigated for accuracy. She was informed by the FPEB attorney that Air Force Personnel Center (AFPC) is never wrong on these calculations. Subsequently, the FPEB President indicated that based upon research, she was eligible to receive concurrent retirement and disability pay (CRDP) due to her calculated 1208 service time being greater than 20 years. Based upon this erroneous information, she signed the AF Form 1180, Action On Physical Evaluation Board Findings and Recommended Disposition, concurring with the findings and recommendation with the belief that she would be entitled to a full active duty retirement concurrently with veteran affairs (VA) disability. She was told by AFPC/DPFD, “that ship has sailed” and she could apply through the Air Force Board for Correction of Military Records (AFBCMR). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Air National Guard (ANG) on 9 September 1987. On 20 June 2014, an Informal Physical Evaluation Board (IPEB) convened and found the applicant unfit for continued military service and recommended she be reevaluated in six month for transferred to the TDRL, with a combined compensable disability rating of 80 percent for post-traumatic stress disorder (PTSD), lumbar degenerative disc disease (DDD), and chronic cervical spine pain. On 25 August 2014, the applicant concurred with the findings and recommended disposition of the Formal Physical Evaluation Board (FPEB). On 28 December 2014, the applicant was relieved from active duty and placed on the TDRL, effective 29 December 2014, in the grade of chief master sergeant (E-9) with a compensable disability rating of 80 percent. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFDD recommends denial. The applicant was processed through the DES for the unfitting conditions of PTSD, Lumbar Degenerative Disc Disease, and Chronic Cervical Spine Pain. An unfitting condition of PTSD carries an automatic placement on the TDRL with a minimum 50 percent disability rating. Based on the applicant’s unfitting conditions and the severity of her PTSD, she was recommended for placement on TDRL with a disability rating of 80 percent. In accordance with 10 USC § 1208, service time is used for disability purposes in determining eligibility for disability retirement. In calculating the time, 10 USC § 1208 points are divided by 360 and those “years” determine whether an Air Reserve Component (ARC) member is eligible for retirement vice discharge. ARC members with a total disability rating of 20 percent or less are eligible to be discharged. Those members with a disability rating of 30 percent or higher are placed on the TDRL or permanently retired, depending on stability of the medical diagnosis despite years of service. In the applicant’s case her 1208 service was 20.33 years at the time of the IPEB adjudication. The TAFMS is used for calculating the years of service towards retirement eligibility. For purposes of CRDP, a service member must have an assigned disability rating of 50 percent or higher and have a TAFMS of 20 or more years. In the applicant’s case, she completed 19 years, 2 months, and 26 days. Nevertheless, a review of the Defense Finance and Accounting Service (DFAS) files revealed the applicant is currently receiving CRDP at a rate of $437.48 monthly. The applicant stated that had she been properly counseled, she would have appeared before the FPEB for the purposes of requesting to remain on active duty until her 20 year anniversary. The only program available through the DES for retention of a service member who has been found unfit is the Limited Assignment Status (LAS) program. However, this program is not available to individuals being placed on the TDRL or to members of the Air National Guard or Air Force Reserves. As such, the applicant’s application to remain on active duty would have been denied. Although the applicant received inaccurate information, the final outcome to her desire to remain on active duty in a temporary assignment status would have been denied due to mandatory placement on the TDRL and her ineligibility for LAS. A complete copy of the AFPC/DPFDD 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 8 September 2015 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 an 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2015-00569 in Executive Session on 12 November 2015 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 5 February 2015, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPFDD, dated 13 April 2015, w/atchs. Exhibit D.  Letter, SAF/MRBR, dated 8 September 2015.