RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01417
                       INDEX CODE:  110.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

        a.  His DD Form 214 (Certificate of Release or Discharge  from
Active Duty) be  corrected  to  reflect  his  date  of  separation  as
13 November 1984, which is the date on his retirement certificate.

        b.  Item 6 on his DD Form 214  be  corrected  to  reflect  his
place of entry into active duty as Beckley, West Virginia.

EXAMINER’S NOTE:  A DD Form 215 was issued on 16 April 2004 correcting
Item 6 on the DD Form 214 to read Beckley, West Virginia  rather  than
Colorado Springs, CO.  Therefore, the only issue to be  considered  by
the Board is the applicant's request regarding his retirement date.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It was brought to his attention the date of his retirement on  his  DD
Form 214 and retirement certificate were different.  His DD  Form  214
reflects he retired with 19 years, 4 months  and  9 days  of  service.
Based on the date on his retirement certificate he believes he  should
have been retired with 21 years, 1 month and 26 days of service.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  enlisted  in  the  Regular  Air   Force   (RegAF)   on
17 September 1963.  He was  progressively  promoted  to  the  rank  of
master sergeant (MSgt).

The  applicant  underwent  a  Medical  Evaluation   Board   (MEB)   on
22 December 1982 and was diagnosed  with  defective  bilateral  vision
secondary to resolved Stevens-Johnson Syndrome,  Current  best  vision
O.U.: Hand Motion  Only,  Gout,  Chronic;  Controlled  on  Medication,
Hypertension, Essential, Well Controlled on Medication, P.E. Tubes  in
Place, Right Ear; Reduced High Frequency Hearing Right,  Left  basilar
atelectasis, Chronic with Elevated  Fixed  Right  Hemidiaphragm,  Mild
Obstructive and Restrictive Changes in Pulmonary Function Tests.   The
MEB referred the applicant’s case to  the  Physical  Evaluation  Board
(PEB).  On 28 December 1982, the PEB determined the applicant would be
placed  on  the  Temporary  Disability  Retired  List  (TDRL)  with  a
disability rating of 100 percent.  The applicant  concurred  with  the
findings of the PEB on 4 January 1983.

On 25 January 1983, the applicant was released from active duty in the
grade of MSgt and placed on the TDRL with  a  100  percent  disability
rating under the provisions of AFR 35-4.  He served 19 years, 4 months
and 9 days of active service.  The applicant was  reevaluated  by  the
PEB on 2 August 1984 and  was  diagnosed  with  status  post  Stevens-
Johnson syndrome and  status  post  enucleation  of  both  eyes,  Left
basilar atelectasis, chronic with elevated fixed right  hemidiaphragm,
mild obstructive and restrictive changes in pulmonary function  tests,
Hypertension, essential,  controlled  on  medication,  Gout,  chronic,
controlled on medication, high frequency hearing,  right  ear.  On  16
October 1984, the applicant concurred with findings of the PEB.

He was removed from the  TDRL  on  13 November  1984  and  permanently
retired with a 100 percent disability rating as indicated  on  Special
Order AC-15372, dated 24 October 1984.  He was credited with 19 years,
4 months and 9 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPD states the  date  shown  on  the  applicant’s  retirement
certificate is the date he was removed from the TDRL  and  permanently
retired.  The applicant’s retirement status began when he  was  placed
on the TDRL.  Furthermore, the period  he  was  on  the  TDRL  is  not
credible for active service; therefore, the period of  active  service
reflected on his DD Form 214 is correct.  A review  of  his  permanent
disability retirement order revealed no errors in the  computation  of
his  active  service  for  retirement.   Therefore,   based   on   the
information  provided,  DPPD  recommends   denying   the   applicant's
requests.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
25 June 2004, for review and response.  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 an error or injustice.  After a thorough
review of the evidence of record and the applicant’s  submission,  we
are not persuaded his time on the TDRL should be credited  as  active
duty time.  The applicant’s  contentions  are  duly  noted;  however,
under the provisions of Title 10, USC Section 1208, time spent on the
TDRL is  not  creditable  service.   The  applicant  was  treated  no
differently under the law than others who have  been  placed  on  the
TDRL and subsequently removed.  Under Section 1201, he  was  credited
with 19 years, 4 months and 9 days of active service for  retirement.
The applicant has not established he suffered either an error  on  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 AFBCMR Docket Number BC-
2004-01417  in  Executive  Session  on  6  October  2004,  under   the
provisions of AFI 36-2603:

                       Mr. Charles E. Bennett, Panel Chair
                       Ms. Barbara R. Murray, Member
                       Mr. Albert C. Ellett, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 26 Apr 04, w/atchs.
      Exhibit B. Applicant’s Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPD, dated 14 Jun 04.
      Exhibit D. Letter, SAF/MRBR, dated 25 Jun 04.




                             CHARLES E. BENNETT
                             Panel Chair