RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2004-01208
INDEX CODE 135.00
COUNSEL: None
HEARING DESIRED: Not Indicated
_________________________________________________________________
APPLICANT REQUESTS THAT:
His inactive service period while on the Temporary Disability Retired
List (TDRL) be credited as active duty service and his retirement
order be properly amended.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was called to appear several times before medical evaluation boards
(MEBs) until permanently discharged from active duty. His total
active service time is 21 years, 4 months, and 3 days.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was released from active duty in the grade of technical
sergeant and, under the provisions of AFM 35-4, was placed on the TDRL
on 9 Nov 77 due to a physical disability (manic depressive disorder
and arteriosclerotic heart disease with bypass graft) with a 70%
disability rating.
He was scheduled for TDRL evaluations in Jan 79 and May 80 as required
by Title 10, USC, Section 1210. Following the first TDRL reevaluation,
the Informal Physical Evaluation Board (IPEB) determined his medical
condition had not stabilized and elected to retain him on the TDRL. On
the second evaluation, however, the board determined his status had
stabilized, but was still unfitting, and recommended permanent
disability retirement with a 60% rating. The applicant agreed with the
findings, and officials within the Office of the Secretary of the Air
Force directed he be removed from the TDRL and permanently retired for
disability at 60%, effective 13 Aug 80, under the provisions of Title
10, USC, Section 1201.
The applicant was a Reservist whose personal records reflect he
completed 18 years and 3 months of active federal military service for
retirement.
On 3 May 04, HQ AFPC/DPPRRP advised the applicant, in summary, that
time spent on the TDRL was not creditable service (Title 10, USC,
Section 1208) for retirement and, under Sections 1201 and 1401 his
service was 18 years and 3 months. As a result, his retired pay was
calculated allowing him the most favorable of two rates, that is, 60%
of final basic pay based on his disability.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD summarizes the case and notes that current Department of
Defense (DOD) and military directives, which cover active service
periods, reflect that time performed while on the TDRL is creditable
for pay purposes; however, time spent on the TDRL does not count as
active duty service for retirement. The appeal should be disapproved.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 7 May 04 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 and the applicant’s submission, we are not
persuaded the applicant’s inactive service on the TDRL should be
credited as active duty service. His contentions are duly noted;
however, we do not find these assertions, in and by themselves,
sufficiently persuasive to override the rationale provided by the Air
Force. Current directives covering active service periods reflect that
TDRL time is creditable for pay purposes but does not count as active
duty service for retirement. We therefore agree with the
recommendations of the Air Force and adopt the rationale expressed as
the basis for our decision that the applicant has not sustained his
burden of having suffered either an error or an injustice. In view of
the above and absent persuasive evidence to the contrary, we find no
compelling basis to recommend granting the relief sought.
_________________________________________________________________
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 this application in
Executive Session on 29 June 2004 under the provisions of AFI 36-2603:
Ms. Cathlynn B. Sparks, Panel Chair
Ms. Martha J. Evans, Member
Mr. James E. Short, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2004-01208 was considered:
Exhibit A. DD Form 149, dated 18 Mar 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 29 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 7 May 04.
CATHLYNN B. SPARKS
Panel Chair
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