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AF | BCMR | CY2003 | BC-2003-02605
Original file (BC-2003-02605.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02605
            INDEX CODE:  113.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

It appears that the applicant is requesting that the period he  was  on  the
Temporary Disability Retired List (TDRL) be credited as active duty and  his
date of retirement be changed to reflect 14 Aug 94.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received a memo for HQ AFPC stating that his retirement date  is  14  Aug
94.

In support of his request, applicant provided documentation associated  with
his disability retirement  processing  and  copies  of  his  DD  Forms  214,
Certificate  of  Release  or  Discharge  from  Active  Duty.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  22
Jan 75 and served for 5 years, 10 months, and 14  days.   After  a  14-month
break in service, he reenlisted in the Air  Force  on  1  Feb  82.   He  was
progressively promoted to the grade of staff sergeant, having  assumed  that
grade effective and with a date of rank of 1 Feb 88.

A Medical Evaluation Board (MEB) was convened on 20 Jul 92 and referred  his
case to an Informal Physical Evaluation Board (IPEB).  On  11  Aug  92,  the
IPEB found him unfit for further military service and  recommended  that  he
be placed on the TDRL with a combined compensable rating  of  40%.   He  was
placed on the TDRL on 2 Jan 93.  On 26 Jul  94,  a  TDRL  reexamination  was
performed and the Air Force PEB recommended that he be  permanently  retired
from the Air Force with a combined disability rating of 50%.  The  applicant
concurred with the recommended findings.  On 14 Aug 94, he was removed  from
the TDRL and permanently retired.  He served 16  years,  9  months,  and  19
days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states that it appears  he  was  credited
for all his active duty service  including  his  prior  service  enlistment.
There is no evidence that shows  his  active  duty  service/retirement  date
should be extended to include his  period  on  the  TDRL.   He  was  treated
fairly throughout the disability evaluation system and  was  properly  rated
under  Federal  disability  guidelines.   His  permanent  retirement   order
credits him with all his active Federal military duty.  The DPPD  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 24  Oct
03 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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however,  it  appears
that  his  creditable  service  was  properly  applied  upon  his  permanent
retirement from the Air Force for disability reasons.  Therefore,  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 AFBCMR Docket Number  BC-2003-
02605 in Executive Session on 9 Dec 03, under  the  provisions  of  AFI  36-
2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Olga M. Crerar, Member
      Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Oct 03.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

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