RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00322 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated to the Temporary Disability List (TDRL) and given an opportunity to have a final re-evaluation of his medical condition. _________________________________________________________________ APPLICANT CONTENDS THAT: He did not miss any scheduled review examinations of which he was aware. He was not notified of periodic review examinations following placement on the TDRL. He was removed from the TDRL effective 8 September 2008 without the benefit of a final re- evaluation of his medical condition. In support of his application, applicant provides a personal statement, letters from AFPC/DPSDD, a letter from the National Personnel Records Center, a copy of DD Form 214, Certificate of Release or Discharge from Active Duty, and a copy of DD Form 215, Correction to DD Form 214, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 11 December 1996 and was progressively promoted to the grade of sergeant. On 27 February 2003, the applicant's commander requested an overall fitness assessment due to the profile extensions that limited him only to desk duty because of abdominal pains. On 24 April 2003, a Medical Evaluation Board (MEB) determined the applicant had an incapacitating abdominal pain and referred his case to an Informal Physical Evaluation Board (IPEB). On 16 June 2003, an IPEB concluded the applicant had an unfitting condition (Undifferentiated Somatoform Disorder associated with abdominal pain) that prevents him from reasonably performing the duties of his office, grade, rank or rating. Since the condition has not yet stabilized, the IPEB found the applicant unfit and recommended he be placed on the TDRL with a rating of 30 percent. On 23 June 2003, the applicant signed and agreed with the findings of the evaluation board. On 25 June 2003, the Secretary of the Air Force Personnel Council directed the applicant be placed on the TDRL. On 9 September 2003, the applicant was placed on the TDRL. On 3 October 2003, the applicant acknowledged and signed a statement regarding the responsibility of the TDRL program. In May 2005, the applicant was seen for his first re-evaluation. On 15 July 2005, the IPEB retained him on the TDRL. On 21 August 2006, he was scheduled for a second re-evaluation; however, he was a no- show for the appointment. Any attempts to contact the applicant met with negative response because his telephone had been disconnected. On 20 September 2006, the applicant's retired pay was suspended. On 17 September 2007, a letter was sent to the applicant's last known address to schedule his final TDRL re- evaluation; however, it was returned undeliverable. On 19 August 2008, the applicant's five-year removal review board was held and the IPEB recommended he be removed without benefits. On the same day, Special Order ACD-1881 was issued removing him from the TDRL without benefits effective 8 September 2008. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial of the applicant's request and states when a member is placed on the TDRL, they sign a statement of understanding that it is their responsibility to keep AFPC/DPSD advised of any address change. They followed proper procedures in trying to notify the applicant of his appointments. The applicant did not contact their office when his retirement pay was suspended for failure to meet the appointment in 2006. Even though the applicant states he changed addresses numerous times and notified Defense Enrollment Eligibility Reporting System (DEERS)of these changes, he did not notify their office until he received orders that he had been removed from the TDRL with benefits. The complete AFPC/DPSD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 24 April 2009 for review and response 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 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 error or injustice. After a thorough review of the evidence of record and the applicant's submission, we find no evidence of an error and are not persuaded by his assertions that he has been the victim of an injustice. The evidence of record shows the applicant was appropriately processed through the disability evaluation system at the time and it appears the final disposition of his case was proper and in accordance with the governing directives, which implement the law. He asserts that he was not notified by the proper agency in regards to his periodic reexamination; however, he does not provide sufficient evidence to substantiate this allegation. In this regard, we note the applicant acknowledged and signed a statement concerning his required responsibility to notify the appropriate office of any change in address while on the TDRL. Therefore, 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 that the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no compelling 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 probable 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 Docket Number BC- 2009-00322 in Executive Session on 22 September 2009, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2009-00322 was considered: Exhibit A. DD Form 149, dated 13 Jan 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 27 Feb 09. Exhibit D. Letter, SAF/MRBR, dated 24 Apr 09. Panel Chair