RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01010 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show she was medically retired under honorable conditions. 2. She receive lump-sum severance pay as stated on her AF Form 2654, Retirement Special Order-Removal from TDRL. 3. She receive a retired military (blue) identification card allowing her the use of military base privileges. 4. She receive discharge travel pay to her home of record (HOR). _________________________________________________________________ APPLICANT CONTENDS THAT: She suffers from bi-polar disorder and she is unable to conduct her own affairs properly. Her spouse reviewed her records and found discrepancies that led to her requests. In support of her appeal, the applicant provides copies of her DD Form 214 and AF Form 2654. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Applicant began her military service in December 1978. She was progressively promoted to the grade of sergeant effective and with a date of rank (DOR) of 1 Aug 81. She had been diagnosed with Dysthymia, by history, with mild social and industrial impairment. Other diagnoses considered but not ratable included cervical carcinoma in situ, status post total abdominal hysterectomy in Feb 76, with bilateral salpingo-oophorectomy in Aug 81, and hypogonadism on replacement therapy; neck pain secondary to an Aug 87 motor vehicle accident. Tension headaches and exogenous obesity. On 4 Aug 88, she was released from active duty and her name was placed on the Temporary Disability Retired List (TDRL) effective 5 Aug 88. Her name remained on the TDRL until 17 Dec 89, when, after a review of her condition, she was found to remain physically unfit for continued military service. The medical evaluation noted compliance with mandatory weight standards were projected to interfere with her successful functioning. Her social and industrial impairment was noted to be mild. Summary notes of the evaluation included “…the possibility of the presence of an unspecified substance abuse and exaggeration of responses perhaps for secondary gain and borderline, narcissistic, histrionic, and passive-aggressive personality features. Her recommended disposition was to be discharged with disability severance pay (DSP) based on a 10 percent compensable rating for Dysthymia, by history, with mild social and industrial impairment. On 7 Dec 89, she was notified of the impending removal of her name from the TDRL and consequent discharge to be effective 17 Dec 89. The letter informed her that her retired pay would cease on her discharge date, that she was entitled to DSP, and that all military identification cards issued to her and her dependents would be void and had to be returned to the Air Force. She had served nine years, eight months and four days of active service prior to her temporary retirement. Therefore, she was entitled to DSP as a sergeant. _________________________________________________________________ AIR FORCE EVALUATION: DFAS-JFEAA/IN states, based on the evidence provided, the applicant is clearly entitled to DSP and recommends she receive a gross amount of $20,796.00 (two times basic pay times number of years served). DFAS’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 15 May 09 for review and comment within 30 days. 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 error or injustice with respect to the applicant’s requests for correction of her DD Form 214; that she receive a retired (Blue) ID card; and, that she receive discharge travel pay to her HOR. We took notice of the applicant's complete submission in judging the merits of the case and consequently found the following: Her DD Form 214 is correct as it documents only active duty service. The time she spent on the TDRL is not considered active duty service and is therefore documented on a special order issued at discharge – which she received as evidenced by its inclusion as part of her application. Her request for a military ID card indicating she was retired from the military is without basis as she was discharged with severance pay and not, in fact, retired. Her request for discharge travel pay was denied by the Board as no evidence was presented to show she had been denied or was actually entitled to travel pay of any sort. 4. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice with respect to the applicant’s request for DSP. In this regard, 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 was entitled to DSP but never received it. Therefore, we recommend the records be corrected as indicated below. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of the removal of her name from the Temporary Disability Retired List (TDRL) on 17 December 1989, she was entitled to Disability Severance Pay (DSP) in the amount of $20,796. ______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-01010 in Executive Session on 1 December 2009, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence with regard to AFBCMR Docket Number BC-2009-01010 was considered: Exhibit A. DD Form 149, dated 12 Mar 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, DFAS-JFEAA/IN, undated, w/atch. Exhibit D. Letter, SAF/MRBR, dated 15 May 09. Panel Chair AFBCMR BC-2009-01010 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of the removal of her name from the Temporary Disability Retired List (TDRL) on 17 December 1989, she was entitled to Disability Severance Pay (DSP) in the amount of $20,796. Director Air Force Review Boards Agency