RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03258
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for his discharge be corrected to reflect that he was
permanently retired versus being placed on the Temporary Disability Retired
List (TDRL).
_________________________________________________________________
APPLICANT CONTENDS THAT:
While on active duty he suffered a brain aneurysm that resulted in a
massive stroke. He was medically retired due to the disability. He was
subsequently deemed 100 percent permanently disabled and is receiving
monthly compensation from the Department of Veterans Affairs (DVA). It is
possible that in 1995 somebody thought his paralysis might be temporary;
however it has since been determined that his paralysis and speech
impairment are not temporary and he was deemed 100 percent permanently
disabled.
In support of his request, applicant provided a personal statement; a copy
of his DD Form 214, Certificate of Release or Discharge from Active Duty; a
copy of his DD Form 256AF, Honorable Discharge certificate; and, a copy of
the Noncommissioned Officer's Creed.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his initial enlistment in the Regular Air Force on
30 Nov 87 and was progressively promoted to the grade of sergeant.
A Medical Evaluation Board (MEB) convened on 20 Oct 94 and recommended that
the applicant's case be referred to an Informal Physical Evaluation Board
(IPEB) with a diagnosis of bacterial endocarditis, meningitis, and
intracranial hemorrhage. On 4 Nov 94, an Informal PEB reviewed the
applicant's case and recommended that he be placed on the TDRL with a
compensable percentage of 100 percent. The applicant concurred with the
findings and recommended disposition of his case. On 15 Feb 95, he was
retired from the Air Force and his name was placed on the TDRL. He was
reexamined on 22 Aug 96 and the results were forwarded to the IPEB who
determined that his condition had stabilized and recommended he be
permanently retired with a 100 percent permanent disability rating. The
applicant concurred with the findings and recommendation of the IPEB. On 7
Oct 96, officials within the Office of the Secretary of the Air Force
directed that he be removed from the TDRL and permanently retired with a
100 percent disability rating. He was permanently retired on 17 Oct 96.
The applicant's request to have his DD Form 214 corrected to reflect that
he was discharged in the grade of sergeant has been administratively
corrected.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of the applicant's request. DPPD states that
the purpose of the DD Form 214 is to record active duty information. The
time spent on the TDRL is not considered active duty service and therefore,
is not recorded on the DD Form 214. The DPPD evaluation, with attachments,
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 Nov
02 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
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, it appears that his DD Form 214 is administratively correct and
further amendment is not warranted. In this respect, at the time of his
separation from the Air Force on 15 Feb 95 he was placed on the TDRL as
appropriately indicated on his DD Form 214. On 17 Oct 96, he was removed
from the TDRL and permanently retired. During that period while he was on
the TDRL, he was not considered to be on active duty, and therefore, in
accordance with Department of Defense policy, amendment of the DD Form 214
is not required in order to reflect his removal from the TDRL and placement
on the permanent retired list. We note that upon his permanent retirement
he was provided a special order, which documented that action and can be
used as evidence of his permanent retirement if he is required to provide
such evidence. Accordingly, 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. 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 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 02-03258 in
Executive Session on 29 Jan 03, under the provisions of AFI 36-2603:
Mr. Philip Sheuerman, Panel Chair
Mr. Joseph A. Roj, Member
Ms. Martha Evans, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 31 Oct 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 15 Nov 02.
PHILIP SHEUERMAN
Panel Chair
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