RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02040
INDEX CODE: 107.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he retired with 20 years of active
service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His current records reflect he retired with 17 years, 8 months and 9
days of active 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 5 February
1971 as an airman (AB) for a period of four years. He was
progressively promoted to technical sergeant (TSgt).
In 1986, the applicant was diagnosed with Coccidioides meningitis and
underwent a Medical Evaluation Board (MEB) on 20 June 1988. The MEB
referred the applicant’s case to the Physical Evaluation Board (PEB).
The PEB diagnosed the applicant with Coccidioides immitis meningitis
with increased intracranial pressure; treated with Amphotericin B with
resultant deafness, ataxia and anemia from either disease or
treatment. The PEB determined the applicant would be placed on the
Temporary Disability Retired List (TDRL) with a disability rating of
100 percent. On 20 July 1988, the applicant concurred with the
findings of the PEB.
The applicant was released from active duty and placed on the TDRL on
14 October 1988 in the grade of TSgt, under the
provisions of AFR 35-4. He served 17 years, 8 months and 9 days of
active service. On 15 February 1991, he was reevaluated and was
diagnosed with an organic mental disorder, secondary to his chronic
fungal meningitis, manifested by impaired memory, abstraction, and
higher cognitive functions with possible organic mood disorder. It
was further determined the applicant’s condition would require ongoing
occupational rehabilitation and treatment for an indefinite period of
time and his condition appeared to be permanent and stable. The PEB
recommended that applicant be removed from the TDRL and permanently
retired with a 70 percent disability rating.
He was removed from the TDRL and permanently retired on 30 March 1991
with a 70 percent disability rating, under the provisions of Title 10
United States Code (USC), Section 1201. Special Order ACD-930, dated
20 March 1991 credits him with 17 years, 8 months and 9 days of active
service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD states the applicant was found unfit for continued
service on active duty. He was placed on the temporary disability
retired list (TDRL) and subsequently permanently retired with a 70
percent disability rating. The time a servicemember is on the TDRL is
not credible for active service; therefore, the period of active
service reflected on his DD Form 214 is correct. They further state
to incorporate the applicant’s time on the TDRL with his active
service would be in violation of Air Force instruction and is not
authorized. Therefore, they recommend the applicant’s request be
denied.
A complete copy of the Air Force evaluation is attached at Exhibit C.
HQ AFPC/DPPRRP states in accordance with 10 USC, Section 1208, the
time the applicant spent on the TDRL is not creditable service for
retirement. His compensable percentage for his physical disability is
70 percent and his active service for retirement is 17 years, 8 months
and 9 days.
They further state the applicant has not provided any additional
information to substantiate his request that he retired with 20 years
of service. HQ APFC/DPPRRP recommends the request be denied.
A complete copy of the Air Force evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
6 August 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 17
years, 8 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-
2004-02040 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 22 Jun 04, w/atchs.
Exhibit B. Applicant’s Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 28 Jul 04.
Exhibit D. Letter, HQ AFPC/DPPRRP, dated 30 Jul 04.
Exhibit E. Letter, SAF/MRBR, dated 6 Aug 04.
CHARLES E. BENNETT
Panel Chair
AF | BCMR | CY2004 | BC-2004-01417
Therefore, the only issue to be considered by the Board is the applicant's request regarding his retirement date. _________________________________________________________________ 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. 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...
AF | BCMR | CY2004 | BC-2004-02135
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2004-02135 INDEX CODE 108.10 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His effective retirement date be changed from 19 Jul 78 to 27 Dec 82 so he would have 20 years, 6 months and 9 days of active service instead of 16 years and 1 month of active service. ...
AF | BCMR | CY2004 | BC-2004-02049
On 17 May 1996, the applicant’s case was forwarded to the Informal Physical Evaluation Board (IPEB) and they recommended the applicant be discharged with severance pay with a 20 percent disability rating. The Medical Evaluation Board (MEB) determines if the servicemember should be processed through the DES when a member is determined to be disqualified for continued military service. As noted by the Air Force office of primary responsibility, the time spent on the TDRL is not creditable...
AF | BCMR | CY2004 | BC-2004-01208
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. After a thorough review of the evidence of record and...
AF | BCMR | CY2004 | BC-2003-03071
He was considered by Physical Evaluation Board and was advised by his counsel that the PEB decision "would not be in his best interest" and he was returned to duty. The Medical Consultant quotes the presumption of fitness as stating "active duty members who develop medical problems...". The board did not give favorable consideration to any evidence presented on his behalf including 18 years of outstanding service, medical records diagnosing bulging discs with radiating pain, and the...
AF | BCMR | CY2003 | BC-2002-02107
_________________________________________________________________ APPLICANT CONTENDS THAT: Because he applied for a Stop Loss waiver that was approved, he did not have enough time before his retirement date to use 10 remaining days of leave on his account. DPPRRP notes that the applicant only had 2 days from his Stop Loss waiver approval to his effective retirement date but states that the applicant had the opportunity to extend his retirement effective date up to 30 days and neglected to...
AF | BCMR | CY2007 | bc-2007-01927
Had she known she could have received a TERA retirement based on years of service, she would have taken that instead of appealing the decision of the Physical Evaluation Board (PEB) regarding her retirement at 30 percent disability. Had she been returned to duty on 21 Aug 94, instead of permanently retired, she still could have requested to retire under TERA not later than 1 Sep 94 under the FY94 Force Reduction Program, a later TERA program, or retire at 20 years TAFMS, her mandatory...
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-2004-01328
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01328 INDEX CODES: 121.02, 131.09 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect she was promoted to the grade of staff sergeant (SSgt) effective 1 Mar 99; and, she receive back pay from 1 Mar 99 until the date her name was placed on the Temporary Disability Retired...
AF | BCMR | CY2013 | BC 2013 02749
The complete DPFD evaluation is at Exhibit C. The BCMR Medical Consultant recommends amending the applicants record to reflect he was removed from the TDRL and permanently retired with a 50 percent disability rating due to PTSD, under VASRD Code 9411, effective 12 March 2012. While the Medical Consultant recommends granting the applicant the 50 percent rating, he does not believe this should be based upon the documentation from the DVA; as this evidence was the same old evidence utilized...