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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