RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02049
INDEX CODE: 107.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active Duty
be corrected to reflect the date she was discharged as 10 August 1996.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her DD Form 214 reflects she was retired on 4 October 1994, the date
she was placed on the Temporary Disability Retired List (TDRL).
However, her DD Form 256AF reflects she was discharged on 10 August
1996. This creates a problem when potential employers inquire about
her discharge date.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 18 July
1984, as an airman basic for a period of four years.
The applicant underwent a Medical Evaluation Board (MEB) on 31 March
1994 and was diagnosed with chronic myofascial pain, plantar surface,
both feet, right greater than left, etiology unknown, probably
mechanical in etiology; bilateral hallux valgus, status post (S/P)
bilateral chevron osteotomies with marked relief of pain, with
residual intermittent discomfort on the first metatarsal phalangeal
(MTP) joints, congenitally short fourth toe secondary to a Brachy
metatarsus, Neuropraxia of the posterior tibial nerve. The MEB
referred the applicant’s case to the Physical Evaluation Board (PEB).
The PEB recommended the applicant be permanently retired (PDR) with a
30 percent disability rating. On 1 June 1994, the applicant
nonconcurred with the recommendation of the PEB. The applicant’s case
was forwarded to the Formal Physical Evaluation Board (FPEB). On
13 July 1994, the FPEB determined the applicant would be placed on the
Temporary Disability Retired List (TDRL) with a 50 percent disability
rating for Chronic pain, both feet, right greater than left, S/P
February 1993 bilateral Chevron osteotomies, with the right side pain
compatible with neuropraxia of posterior tibial nerve, but had
radiculopathy, right lower extremity. On 13 July 1994, the applicant
concurred with the findings of the FPEB.
On 3 October 1994, the applicant was released from active duty and
placed on the TDRL with a 50 percent disability rating on 4 October
1994, in accordance with AFI 36-3212. She served 10 years, 2 months
and 16 days of active duty service. The applicant underwent a TDRL
reevaluation on 30 April 1996 and it was recommended the applicant
remain in a retired status. 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. On 14 June 1996, the applicant disagreed
with the findings of the PEB. On 2 July 1996, the applicant’s case
was forwarded to the Secretary of the Air Force Personnel Council
(SAFPC) for a final determination of her case. On 23 July 1996, the
SAFPC directed the applicant be discharged and receive severance pay
with a 20 percent disability rating. Special Order ACD-1696, dated 30
July 1996, credits her with 10 years, 2 months and 16 days for
severance pay and 12 years, 9 months and 17 days for basic pay. On 9
August 1996, the applicant was removed from the TDRL and on 10 August
1996, she was discharged with entitlement to severance pay with a 20
percent disability rating.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD states the purpose of the military disability evaluation
system (DES) is to maintain a fit and vital force by separating or
retiring members who are unable to perform the duties of their office,
grade, rank or rating. The members who are separated or retired for
reason of a physical disability may be eligible for certain disability
compensation. 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. The
medical treatment facility that provides health care to the
sevicemember makes the decision whether or not to conduct an MEB.
HQ AFPC/DPPD further states Item 12 (Record of Service) of the DD Form
214 annotates period of service the servicemember has served. The
time the servicemember is assigned on the TDRL is in a retired status
and is not creditable for basic pay computation when the servicemember
is discharged with entitlement to severance pay.
A review of the applicant’s military personnel records did not reveal
any errors on the DD Form 214, which would warrant changing her
release from active duty date. 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
16 July 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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we are not persuaded her time on the TDRL should be credited
as active duty time, thereby changing her discharge date. The
applicant was released from active duty and placed on the TDRL. She
was removed from the TDRL and separated with disability severance pay.
As noted by the Air Force office of primary responsibility, the time
spent on the TDRL is not creditable for active duty service. However,
the time spent on the TDRL is creditable for basic pay computation
when the servicemember is being discharged with entitlement to
severance pay. The applicant’s DD Form 214 accurately reflects her
time spent on active duty. In view of the foregoing and in the
absence of 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-
2004-02049 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 21 Jun 04, w/atchs.
Exhibit B. Applicant’s Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 12 Jul 04.
Exhibit D. Letter, SAF/MRBR, dated 16 Jul 04.
CHARLES E. BENNETT
Panel Chair
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