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AF | BCMR | CY2004 | BC-2004-02040
Original file (BC-2004-02040.doc) Auto-classification: Denied


                            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

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