RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01523
INDEX NUMBER: 108.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His service for basic pay be adjusted to include his time spent on
the Temporary Disability Retirement List (TDRL) and that this time
be creditable for pay purposes.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was placed on the TDRL on 4 Jan 97 and was not removed and
permanently retired until 19 Apr 02. His time on the TDRL was not
accurately corrected at the time of his removal from the TDRL and
he is now asking this to be done.
In support of his application he submits a personal statement, a
copy of his DD Form 214, copies of the Special Orders and
correspondence placing him on the TDRL and subsequently permanently
retiring him for disability, and excerpts from DoD PA-1F,
Disability Separation.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 3 Jan 97, applicant was released from active duty in the grade
of master sergeant and his name was placed on the TDRL due to
physical disability under the provisions of AFI 36-3212, effective
4 Jan 97, with a compensable percentage for physical disability of
50 percent. At the time of his release from active duty, he was
credited with 18 years, 5 months, and 24 days of active service for
retirement, and 18 years, 6 months, and 15 days service for pay.
Effective 4 Jan 02, his name was removed from the TDRL and he was
permanently retired with a 60 percent disability rating under the
provisions of Title 10, United States Code (USC), Section 1201.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD recommends the application be denied and states, in
part, that service computation for pay credit is calculated under
Title 37, USC, Section 205, Chapter 3. The manual clearly states
that veterans assigned on the TDRL are in a retired status and this
period may not be credited for the purpose of increasing their
retired pay. A review of the applicant’s disability retirement
order revealed no errors in computing both his periods for basic
pay and his active service for retirement.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 28 May 04, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this
date, this office has received no response (Exhibit D).
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
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, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice. The applicant’s time while
assigned on the TDRL is considered retired status, and under the
provisions of Title 37, United States Code (USC), Chapter 3,
Section 205, this period may not be credited for the purpose of
increasing retired pay. Therefore, we find no basis upon which to
favorably consider his request.
___________________________________________________________________
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 BC-2004-
01523 in Executive Session on 1 September 2004, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. John E. B. Smith, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 26 May 04.
Exhibit D. Letter, SAF/MRBR, dated 28 May 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2004 | BC-2004-00182
Has 20 or more years of active service in the Uniformed Services for the purpose of computing the amount of retired pay, or is entitled to retired pay under section 12731 of Title 10, United States Code, unless such retirement is under section 12731b of that same title. ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that...
AF | BCMR | CY2008 | BC-2008-01126
The PEB determined the applicant would be placed on the Temporary Disability Retired List (TDRL) with a disability rating of 40 percent. AFPC/DPSD’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that Title 37 reflects time spent on the TDRL could be counted as creditable service. Regarding his argument that the DoD disability instruction authorizes credit towards...
AF | BCMR | CY2004 | BC-2004-00466
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00466 INDEX NUMBER: 128.14 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His years of active service be recalculated to include his time on the Temporary Disability Retired List (TDRL) to qualify him for Combat-Related Special Compensation (CRSC) benefits. ...
AF | BCMR | CY2005 | BC-2004-00019
Applicant subsequently provided a response to the Medical Consultant’s advisory opinion indicating he believes that clear evidence in the form of medical evaluations and the DVA disability rating of 50 percent because of his left hip replacement compels the Board to find in his favor. The evidence of record indicates the applicant was permanently retired by reason of physical disability with a 30 percent compensable rating. Exhibit C. Letter, Medical Consultant, dated 25 May 04.
AF | BCMR | CY2004 | BC-2004-02102
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02102 INDEX NUMBER: 136.00 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His retirement date be changed to 4 Mar 79, to include his time spent on the Temporary Disability Retirement List (TDRL); and his total service for pay be changed from 18 years, 10 months, and 3 days to 20 years, 6...
AF | BCMR | CY2004 | bc-2004-01886
Applicant’s complete submission is at Exhibit A. c. Is entitled to retired pay, notwithstanding that such retired pay may be reduced due to receipt of Department of Veterans Affairs (DVA) disability compensation. We noted the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been...
AF | BCMR | CY2003 | BC-2001-03585A
_________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPPD states, in part, that the findings and recommendation of the FPEB along with the applicant’s rebuttal for a permanent retirement were forwarded to the Secretary of the Air Force Personnel Council (SAFPC) for adjudication and SAFPC recommended that she be removed from the TDRL and permanently retired with a 60% rating. However, after a thorough review of the evidence of record and...
AF | BCMR | CY2005 | BC-2004-02461
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02461 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 17 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, intervertegral disc syndrome, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC)...
AF | BCMR | CY2004 | BC-2004-00384
Applicant’s complete submission, with attachment, is at Exhibit A. We took notice of the applicant's complete submission in judging the merits of the case; however, 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 applicant has not been the victim of an error or injustice. _________________________________________________________________ The following members of the Board considered...
AF | BCMR | CY2004 | BC-2003-04057
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-04057 INDEX NUMBER: 136.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect eligibility for Combat-Related Special Compensation (CRSC) benefits. Applicant’s complete submission is at Exhibit A. We took notice of the applicant's complete submission in...